The Employer’s Legal Advisor

Alcohol and Drug Use

You should have clear rules on drinking, drug use, and testing. During my early years of practice, while it was commonplace to fire an employee who had a drink on the job, executives often had cocktails during a restaurant lunch. Today’s working environment, however, does not often tolerate or accommodate those who drink at lunch. Drinking during the workday results in poor performance and possible injuries to self and others. There is much to be said in favor of having the same rules for all employees (with the exception of after-hours entertaining).

The right to test employees for the use of alcohol or drugs is vital to the defense of any disciplinary action and ensures that any action taken has a foundation in fact. ...