If another employee writes an anonymous ltr that some guys is smoking weed, but there is no drug policy?

Question

will the guy be excused. if there is no policy how can they ever find out if he really does drugs just because human resources received an anonymous ltr. he wont be fired right? i want to send an anonymous lt, this guy drives a forklift and hit a girl in the arm, and blamed the girl was in the way.

but i know he smokes and drinks.

Answer 1

If there is an accident at work, especially if someone is injured, most reputable company's make the party responsible get checked for drugs, drink etc, it is part of the insurance requirements. Would I send it in knowing the circumstances yes why because this costs us all. Especially bad if someone gets killed because of his irresponsible behavior on the job.

Answer 2

If you write the letter, the supervisor has to figure out whether there is any truth to it. If there is no way to prove one way or another that the employee is or was doing any type of drug or alcohol, then there is no basis for firing unless this employee already had been in trouble for something else. In my opinion, anyone who is expected to drive a forklift should have a drug test policy, and any time an accident occurs, all people involved should be drug tested, simply to make certain that it was the fault of the equipment, or something else, rather than the fault of the employee. If the employee is found to be on drugs, then the company should fire him. However, to go back to the original question, unless they are already documenting things in order to fire the guy, I doubt they will fire him over an anonymous letter with no proof that he did anything.

Answer 3

The answer is the same as before - a company cannot terminate an employee on hearsay - they must have evidence.

If there is no drug policy or drug testing process in place, chances are this gentleman is not the only person at the company who is indulging in a toke now and then. The company cannot use disparate treatment unless they have reasonable suspicion that he is under the influence at the time. What this means is that they either have to test EVERY employee, so that the testing is fair, or they have to have a pretty good reason to believe that this guy is impaired at work. Drug tests which are conducted improperly can get companies sued.

However, I'm not suggesting that you avoid the issue. Do let your HR person know of your suspicions, either directly in a discussion or in a letter. Because there is a workplace accident involved, that incident could serve as the probable cause to send the employee for testing. I would caution your HR person to ensure they are well-informed about the protocal for conducting legally defensible drug tests, and to contact legal counsel if needed.

Good luck.

Answer 4

It would be dumb for the guy to get canned because of an anonymous unsubstaintiated letter, but if HR investigated and talked to the guy and he turned out to be a bigger pothead than Jay and Silent Bob put together or at least smoked enough recently before work to be impaired driving the forklift then they should fire his ***. Good thing he's not minding a nuclear power plant or piloting a commercial jet.

Answer 5

There doesn't need to be a drug policy as smoking weed is against the law. The man cannot be fired without proof (drugs test) but they cannot ignore a report of an illegal act

Answer 6

this could go either way,does he do drugs/alcohol on the job and why was a girl,unless an employee,on the job site?
legally there doesn't have to be a drug policy in effect.but the employer may do testing after they get this letter on everyone.
when you accuse someone you have to be able to prove it,and anonymous won't do it.
if you feel he is jeopardizing the safety of others,go tell your employer,you could save a life.

Answer 7

If there is no drug policy you cant do anything only if he is doing it on the job. If he is doing it at home nothing you or anyone can do unless there is a drug prgram at work that will make him pee in a cup to prove its in his system.