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Penalty for Drunkeness?

I Are Baboon

The Full Dopey
Aug 6, 2001
32,427
9,475
MTB New England
If you were drunk on the job here, you'd be put on unpaid LOA and put into mandatory rehabilitation. Once you're cleared to return to work by employee health services, you'd be subject to mandatory random drug and alcohol testing. A positive test or failure to comply with any of this would mean your immediate termination.

I think employees here are lucky they even get a second chance like that.
 

stevew

resident influencer
Sep 21, 2001
40,599
9,608
Well, you would think instant unemployment (I am a teacher) but our district has a habit of not doing the right thing so I really couldn't say.
I thought teachers only got in trouble for fvcking their students?
 

ire

Turbo Monkey
Aug 6, 2007
6,196
4
Not where I work. Besides alcoholism is a disease, not a qualifying disability. Under ADA you are required to make reasonable accommodations, not put people's lives at risk. ADA doesn't include allowing a drunk to work on a construction site or run dangerous equipment.
You sir, are correct....been a while since I've read the ADA
http://www.ada.gov/pubs/ada.htm#Anchor-Sec-23240
(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
There is a problem there somewhere - if your employer does indeed follow this policy he is setting himself up for some pretty serious legal battles. He has no legal right to demand the information he is requiring as a condition of continued employment. Even if he does manage to gather this information he has NO LEGAL RIGHT to use it as a s basis for any decision he would make that will impact his employees.

I am no lawyer but... I don't think any employer has the legal right to form a contract which requires participation in AA or any other rehab program as a condition of continued employment.

First - being drunk at work does not equal alcoholism, making that leap by requiring participation as a condition of continued employment violates Federally protected employee rights.

Second - Participation in any rehab / recovery program does not guarantee results; failure to attend such programs does not mean the non-participant has reverted to the alleged addictive behavior.

Most companies have clearly defined policies that prohibit working under the influence of drugs and / or alcohol, it is the violation of these policies that are the basis for dismissal or continued employment. Employers have NO RIGHT or need to become involved in the private lives of their employees.

...or at least that's how it works down at the shoe shop. :)


I catch what your saying, and at first I thought the same thing. And your right showing up drunk does not mean you are an alcoholic. But as it has beend pointed out, alcoholism is classified as a disease, so the employer is supposed to help there employee to overcome the disease. So what happens is, if you show up drunk, and claim not to be an alcoholic, you are fired instantly, you just stated you do not have a problem, you just showed up to work were you are required to drive people cars all day and your drunk. Therefore, if you want to keep your job, you say"I am an alcoholic". Then, yuo must make a true effort to break free from the disease and cycle. Thats where the catch is, The owner takes you to rehab, and pays for it. Afterwords he does require that you continue on your path to staying sober. If you do not agree to the Rehab, or the continued treatment, then you dont get to keep working for us.

Now wether or not that is totally legal or not, I do not know. In the history of my employment where I am at now, we have had only one person do this, And He truly was an alcoholic. It was probably the best thing to happen to him being caught drunk at work. He crashed a Customers car, was arrested, given a DUI, I forget what his BAC was, But it was alot. The owner Bailed him out of jail, took him to the rehab center in Fontana, and a month later brought him back to work. Had him going to AA meetings, And the guy got his life on track...This actually stands for any Drugs as well, while out owner may at times seem as if he just doesnt care unless he is makign money, there are times he really steps up and stands on the employees side, The guy this happoened to Was very lucky, The Owner helped him out in court and everything, Still had a DUI, but was able to keep his license for work and to go to AA.


Again, totally legal? I dont know, But so far it works.


P.S. long story, but it explains a bit more
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
If you were drunk on the job here, you'd be put on unpaid LOA and put into mandatory rehabilitation. Once you're cleared to return to work by employee health services, you'd be subject to mandatory random drug and alcohol testing. A positive test or failure to comply with any of this would mean your immediate termination.

I think employees here are lucky they even get a second chance like that.
That line just sounds funny, but back in School They had a zero tolerance for Drug use, Random drugs tests all the time, If you were caught, you went to counsiling, and were then tested every month during the "Random" testing with the same guidlines
 

dirttastesgood

Turbo Monkey
Dec 12, 2006
1,517
0
CT
Lets see, I've been to work twice in the past month and each time the owner had a bottle of wine with costumers. She doesn't care that I never show up for my shift so I doubt she would care.
 

Greyhound

Trail Rat
Jul 8, 2002
5,065
365
Alamance County, NC
We had this situation arise about a year ago at our work. One of our guys came in and it was pretty obvious that he was tanked--at 7am!! We sent him home, obviously....but other than that incident, he was a solid worker, so we drafted up an agreement that he signed, that if he ever did that again, he would be terminated on the spot. Long story short: He did it again about a year later and we fired him.
 

Secret Squirrel

There is no Justice!
Dec 21, 2004
8,150
1
Up sh*t creek, without a paddle
Heh....funny this thread popped up...

Yesterday, I was walking around our floors here in the office, and our sister company (that we co-located with a few months ago) was having a company birthday celebration. Couple of conference rooms were set up with cake, cookies, and a few veggie platters...

So I walk out of the elevator and am greeted to Berlin wailing away ("Take my breath aaa-www-aaaaa-yyyyy") from a crappy little CD player outside one of the conference rooms...I walk through the secured door and theres a red carpet leading right to a cart with no less than a dozen open bottles of various wines and 4 (yes, four) cases of beer, all about half empty. I'd hit the mother load. So, I knocked a beer back, had some cake, and relaxed on a Wednesday afternoon....

Some company employee almost questioned my being there (cause I work for "the other" company)....but I made a motion for a forearm shiver and they got lost pretty quick...

:monkeydance:

That's just how I roll in da hood.
 

Secret Squirrel

There is no Justice!
Dec 21, 2004
8,150
1
Up sh*t creek, without a paddle
We had this situation arise about a year ago at our work. One of our guys came in and it was pretty obvious that he was tanked--at 7am!! We sent him home, obviously....but other than that incident, he was a solid worker, so we drafted up an agreement that he signed, that if he ever did that again, he would be terminated on the spot. Long story short: He did it again about a year later and we fired him.
Ha. I've been drunk at 7am before (apparently 151 shots stay with you for some time...who knew?)....but I stopped drinking at midnight....makes for a long work day for sure. Only time that I've wanted to harf at work....
 

SilentJ

trail builder
Jun 17, 2002
1,312
0
Calgary AB
We have no policy. You'd have to be pretty jacked up and smelly for anyone to care on most days unless you had a client meeting or something. I'll often have 4-5 pints at lunch and have never been questioned. Any more than that and I'm not going back to work.

If you were right drizzunk and showed up to a client meeting with the owner of my company, you'd probably get a talkin to and another chance. Unwritten policy that seems pretty universal around here is if you can't answer the phone sounding sober, you just go home.
 

Da Peach

Outwitted by a rodent
Jul 2, 2002
13,683
4,912
North Van
Go ahead and work wasted in any shop or office, but don't **** around with construction.

This asshole is still on site, and the company has the gall to keep us late 4 times in the last week to have ****ing safety meetings.

****ing ridiculous.
 

geargrrl

Turbo Monkey
May 2, 2002
2,379
1
pnw -dry side
I did notice, and was trying to say that if you end up in the situation of being caught drunk at work, to keep your job, first you end up at rehab, company paid, afterwords you are required to attend AA for at least a year. The owner makes arrangements with whoever your sponser is to make sure your going. Its part of the agreement made if you want to keep your job. But, Only the owner will be informed, noone else.
the relationship between a sponsor and the AA should be anonymous unless the alcoholic chooses to make it otherwise. Based on my understanding of the program ( some very close to me just got their 5 year coin), your sponsor doesn't "make sure" you do anything, much less attend meetings/call the sponsor/stay sober. That is the responsibility of the alcoholic to stay on track first, not be babysat by those around him or her.
 

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
1,017
My own world inside my head
Right, Its not my setup, its the companies. Its not that they are asking the sponser to babysit, but just to let the owner only know if he/she has not been attending. The owner doesnt ask whats happening at the meetings, or expect to be informed on a regular basis or anything, in fact as long as noone is calling him to say its going bad, he assumes its going well...
 

Da Peach

Outwitted by a rodent
Jul 2, 2002
13,683
4,912
North Van
I think the greatest acomplishment around here is getting fired. It seems to take incompetence of titano-herculean proportions.

I gotta get into the cab of that 200T crane and play "hammer throw" with the construction manager's car.
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
I think the greatest acomplishment around here is getting fired. It seems to take incompetence of titano-herculean proportions.
Same here.

We have a customer sales rep who didn't buy into the new shift in the business model, but he also tried to convince others that it was a bad idea. The owner/boss doesn't care and there were no consequences to focking up.

Since he sucked at his job, I belittled him with comments to piss him off enough so he'd quit, such as...

Him: Why don't you ever take out your trash or make coffee? I wind up doing it.

Me: Well, you do what you're good at.


Today's his last day. He quit, finally. Maybe we can move forward.
 

BMXman

I wish I was Canadian
Sep 8, 2001
13,827
0
Victoria, BC
So, I currently work on a large construction site.

A couple weeks ago, my superintendant showed up reeking of booze and acting weird. He was obviously drunk, and he was sent home for the day. We was back the next day, sober.

What would be the consequences of showing up drunk at your workplace?

Instant termination....but I work around sharp instruments all day that can seriously injure people...D
 

hokie77

Chimp
Dec 5, 2007
60
0
Virginia
That's the best thing about a dead end job with no career implications. We were on break smoking a bowl when a manager asked us to close the door cuz it was stinking up the kitchen...hah. They say something like 80% of the restaurant industry is not exactly sober. Several years back, we had a waitress that was so jacked up on pills that she fell over on her customer's table during a shift. Funniest part of the story.....she still works there.
 

Da Peach

Outwitted by a rodent
Jul 2, 2002
13,683
4,912
North Van
So, I've decided to use the system to help my situation. Presented the superintendant with a design change today. Instead of being willing to have a look and figure out how to proceed with construction of the design, he flew off the handle, gave me a shove, threw the drawing to the ground and told me to **** off.

This guy is a total head case.

I have filed a report.

He should be gone soon.
 

MMike

A fowl peckerwood.
Sep 5, 2001
18,207
105
just sittin' here drinkin' scotch
About time....

In the report, did you include the fact that he broke into your car?

So, I've decided to use the system to help my situation. Presented the superintendant with a design change today. Instead of being willing to have a look and figure out how to proceed with construction of the design, he flew off the handle, gave me a shove, threw the drawing to the ground and told me to **** off.

This guy is a total head case.

I have filed a report.

He should be gone soon.
 

cadmus

Monkey
May 24, 2006
755
0
PNW
So it's a little past noon here and I have nada to do. I couldn't find a policy on drunkeness anywhere, so I guess there's only one way to find out what the penalty is. :cheers:
 

Wingnut

Turbo Monkey
Nov 12, 2003
1,664
179
Sorry, I'm Canadian ..sorry...
My boss came in drunk (well, leftover drunk) the other day. He's majority owner of the company. So, I think he'd be pretty soft should one of us come in drunk. Besides, booze is the least of his worries up here. Hard drugs are more commonplace...