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In LAW and "Workmens Compensation" and Labor law if you ADMIT you have a drinking problem you basically cannot be fired...the first time. Employers must give you the option of attending counselling, and this applies almost everywhere. Case law has had DECADES to work with this (other drugs, not so much). Showing up to work is bad enough; driving? We caught a long haul contractor and the first time, he went to approved classes. Did it again, you now have solid grounds for dismissal. Management needs to step up.
don't believe they will do that and step up, atmosphere has become very politically toxic every since the Nov general elections! folks speak openly of 20,000 dead people voting and having a civil war while their ringtones of christ like music blares in the background!
So think about this..... what if she kills someone while driving the company van drunk, then it is found out that you knew she had a history of doing this....you could be made complicit and an accessory to whatever she is charged with. REALLY THINK ABOUT THAT!!!!
Report her immediately to Human Resources, a supervisor, someone, anyone. She needs to be stopped!!!
Even if OP doesn't get in trouble, I wouldn't want to live with the knowledge that I didn't do anything to prevent it from happening.
I'd tell you to report it but make dead solid sure beforehand that the person's drinking buddies aren't the bosses. I saw that in industry (and education, too, for that matter) and the report never ended well.
Think self-preservation: Not only could this driver hurt someone else, she could hurt you.
Let the supervisor or human resources department know what you know. The worst that can happen? You end up quitting or getting fired -- but you might have, at the least, saved your own life, let alone someone else's.
I have actually gave my two week notice and last day will be Friday and do plan to emphasize this to the supervisor whom i know smells the aroma but does nothing!
So think about this..... what if she kills someone while driving the company van drunk, then it is found out that you knew she had a history of doing this....you could be made complicit and an accessory to whatever she is charged with. REALLY THINK ABOUT THAT!!!!
Report her immediately to Human Resources, a supervisor, someone, anyone. She needs to be stopped!!!
Smelling alcohol on someone doesn't in any way make you "complicit" in the eyes of the law. This is just not true at all unless you were the person serving her liquor the night before. What would be the charges???
Honestly, I would likely mention it to management very discreetly on a day when you can tell she's likely still intoxicated. Saying someone on a sober day will not do anything as they'd need proof.
Probably a matter of time before she gets into an accident and hurts herself or an innocent driver. Could be a car full of kids. Think about that.
Smelling alcohol on someone doesn't in any way make you "complicit" in the eyes of the law. This is just not true at all unless you were the person serving her liquor the night before. What would be the charges???
Honestly, I would likely mention it to management very discreetly on a day when you can tell she's likely still intoxicated. Saying someone on a sober day will not do anything as they'd need proof.
Probably a matter of time before she gets into an accident and hurts herself or an innocent driver. Could be a car full of kids. Think about that.
This is the kind of thing where someone needs to be absolutely sure that the person is under the influence at the time they can be questioned by management.
While a bad look, someone "smelling of alcohol" while blowing a 0.00 is not "drunk on the job." An accusation that can't be proven true could easily get the accuser in hot water.
In LAW and "Workmens Compensation" and Labor law if you ADMIT you have a drinking problem you basically cannot be fired...the first time. Employers must give you the option of attending counselling, and this applies almost everywhere. Case law has had DECADES to work with this (other drugs, not so much). Showing up to work is bad enough; driving? We caught a long haul contractor and the first time, he went to approved classes. Did it again, you now have solid grounds for dismissal. Management needs to step up.
I don't know about Canada but in the states these are the rules. You don't have to give the employees the option of counseling they have to ask for it.
Having said that, the ADA also requires that employers make certain accommodations for employees battling alcoholism in certain circumstances. Specifically, you must make “reasonable” accommodations for the employee, such as giving them time off to go to rehab if:
1. They make you aware they have a drinking problem.
2. They must ask for an opportunity to try to remedy it. 3. They can prove that their drinking problem makes it impossible to do their job.
The law does not preclude you from firing the employee if he or she does not make you aware of his or her alcoholism; or if treatment provided during his or her time off does not resolve/improve the issue. You may also terminate an employee whose conduct is so egregious that it could potentially or actually puts others at risk.
Employers not Required to Tolerate Drinking on the Job
Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol. Moreover, employers may discipline employees for improper behavior on the job, even if the employee can attribute the action to his or her alcoholism.
Last edited by Oklazona Bound; 02-17-2021 at 08:33 AM..
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