What Can An Employer Do If Someone Is Drunk At Work?

If a person is drunk at work, it likely represents a much bigger problem beyond the scope of what’s happening in their workplace. Being drunk at work is a major red flag of an alcohol issue and perhaps mental health issues. 

When someone goes to work drunk, they’re putting themselves and everyone around them at risk in addition to causing a disturbance. For example, if someone’s intoxicated, they’re more likely to be involved in a workplace accident. Being under the influence of substances would disqualify the employee from worker’s compensation benefits, among other consequences. 

Even if there’s not an accident or injury resulting from an employee’s drunkenness on the job, an employer has a duty to take action. 

The following are some of the things employers should know and can do if an employee comes to work when they’ve been drinking. 

An Employee’s Rights

Employees have certain rights at work under the law. For example, the Americans with Disabilities Act (ADA) provides protection for people who are in recovery from alcoholism or drug addiction but no longer use illegal drugs. 

If someone is using drugs illegally and it’s obvious at work, an employee isn’t protected under the ADA. The same is true for alcohol use. 

A potential employer can’t ask about an addiction you may have or treatment you’ve gone through during an interview, but you can be required to take a drug test. You may have to pass your drug test to get an offer for employment. 

If you get a job offer, before you start, an employer can ask you about gaps in employment and how those might relate to addiction treatment. 

Once you’re on the job, your employer has the right to drug or alcohol test you if they believe you’re using substances and that the use is affecting your performance at work. 

If An Employer Suspects Alcohol or Drug Use

If someone is at work and their employer sees signs they could be using drugs or alcohol, they can ask the employee to take a drug test, or they can fire them. 

Some employers might let the employee take a leave of absence if they’re going to get addiction treatment during that time. The law doesn’t require this, and it’s optional on the part of an employer. 

Some employers have what’s called an employee assistance program or EAP. If your employer has an EAP, you meet with a counselor who can refer you to an addiction treatment program. 

Once you’ve achieved recovery, your counselor can again meet with you to talk about job requirements and what’s needed to get you back to work in a productive way. 

How An Employer Should Handle the Situation

If you’re an employer and you suspect an employee is using alcohol, know what signs to look for, and don’t immediately accuse someone of being drunk. Some people take medications that are prescribed to them, which could make them appear drunk when they’re not. 

What you should watch for are bloodshot eyes, slurred speech, and the smell of alcohol. 

It’s not up to you as a manager or employer to diagnose the problem of an employee. For example, it’s not up to you to decide your employee is an alcoholic. Your role is to identify concerning behaviors, state your concerns about the problems in the workplace to the employee, and document these issues. 

If you have reasonable suspicion to think someone is intoxicated or drinking at work, you don’t need to test them. Reasonable suspicion means that you have a legitimate, logical reason to believe an employee has been using alcohol. 

You also don’t need proof to take disciplinary action. What you should avoid doing is speculating. If you’re going to speak to an employee about what you think is their alcohol abuse at work, you want to have witnesses present. You also want to apply the same standards to every employee to avoid discrimination. 

If you decide to make an exception for an employee because they’re going through something personally, document it. 

No matter how you’re going to handle the situation in the longer term, if you suspect someone’s under the influence at work, send them home for the short-term. Arrange transportation for them before doing so. 

To go back to the ADA, people with alcoholism do have a disability under this law, but that doesn’t mean you can’t discipline, fire, or deny employment to someone if their current alcohol use is negatively affecting their behavior at work or their job performance. 

You don’t have to allow someone to be under the influence of alcohol to qualify as making a reasonable accommodation. 

You also have to remember, as an employer, that you have a responsibility to keep all of your employees, your customers, and other people you work with safe.