Can a person be fired for drinking while off duty?

Can a person be fired for drinking while off duty?

Some states have laws prohibiting employers from using off-duty conduct — including the legal use of lawful products, such as tobacco or alcohol — as a basis for employment decisions, including firing. If this type of law applies, your employer could not fire you for drinking.

When can you dismiss an employee for being drunk at work?

Because if these are not in line with the inherent requirements of the job, the person on the receiving end could turn around and say that you are discriminating against him unnecessarily. Here are some acceptable cases of necessary discrimination: An airline pilot is not allowed to drink 24 hours before he commands a flight.

Can a person be fired for no reason?

The employment-at-will doctrine gives most employers the right to terminate you for any reason or for no reason. You could be fired even if your employer never gave you a job description.

Can a person be drunk at work and still work?

However, an office worker, who has consumed alcohol in the 24 hours preceeding the commencement of his job, will not be prohibited from consuming an alcohol as the alcohol in his blood stream will not hamper his ability to do his job. So how do you avoid the situation of one of your employees being drunk at work?

What happens if you get fired for drinking at work?

Businesses with specific policies in place regarding an alcohol-free workplace and employee termination may offer you the opportunity to seek help for alcoholism and return to work after successful completion of a treatment program. NOLO: Employment At Will: What Does It Mean?

Can a manager accuse an employee of drinking on the job?

Managers should know the telltale signs of on-the-job drinking, but they should never accuse a worker of being inebriated, Shea said. “It’s possible that an employee with an illness or who is on legal medication may be too impaired to work safely or effectively,” she said.

Can a company give an employee time off for alcoholism?

If you have 50 or more employees and you determine that the employee is an alcoholic, the employee may request time off for treatment under the FMLA. If so, you should grant the time off.

What can a company do if an employee comes to work drunk?

What they can do is document facts of alcoholic behavior, such as smelling alcohol on an employee’s breath, slurring of words, spotty attendance, or other signs. Only medical testing can answer the question as to whether the employee is under the influence while at work.