Can you show up to work drunk?

Can you show up to work drunk?

The only way to be certain that a worker is drunk is to have the worker take a blood alcohol test, a breathalyzer or some similar test, Shea said. An employer should not request or require an alcohol test unless there is “reasonable cause,” Shea said.

How many people show up work drunk?

An estimated 15% of the U.S. workforce — just over 19 million people — have drunk alcohol before or during work, or come to work with a hangover, a new study shows.

Can a person be fired for being drunk at work?

The employer has to handle addicts like sick and disabled people, and treatment should be part of the employer’s strategy. However, being drunk at work constitutes misconduct and an employee can be dismissed. However, a company alcohol policy must be in place and communicated to all employees.

What to do if someone comes to work drunk?

Tell employees that if they are taking an over-the-counter or prescribed medication, he/she should advise the employer of that fact prior to testing. Address what will occur if the employer believes an employee has intentionally interfered with a test, e.g., by substituting someone else’s urine for his or her own.

Is it grounds for Just Cause to drink at work?

Just cause is the death penalty in employment law. Accordingly, in case of drinking at work, just cause can only be justified where the drinking at work causes grave concern.

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 you fire someone for coming to work drunk?

Although you can hold an alcoholic employee to the same job performance standards as other employees, you will have to consider two federal laws: the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Let’s first look at the FMLA issues.

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.

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.

Just cause is the death penalty in employment law. Accordingly, in case of drinking at work, just cause can only be justified where the drinking at work causes grave concern.