My friend manages her fathers business, and they just did a drug test on all staff members, one of the guys results came back positive on various drugs, and apparently he has been taking alot of days off lately (possibly due to drug use) My friend is unsure on what to do with him, she knows she has every right to fire him, but she said that he is normally a really nice guy and hard worker, and think he must be having personal problems to spark this change in behaviour, and doesn't want to sack him as he could just get worse, and it doesn't really resolve any problems, can she order him to do like a rehab or drug withdrawel program to keep his job?? an if so who pays, does the company or should it come out of his wage?? she has called numerous places but cant seem to get the information she is looking for? So I thought I'd ask here for her and see if anyone can point us in the right direction or if any one has had a similar situation occur?? Thankyou :)
2007-06-28 19:22:19 · 10 answers · asked by channille 3 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
Or, it may be just the thing to give him a wake up call.
No job equals no money equals no smack.
2007-06-28 19:26:21 · answer #1 · answered by Trimere 4 · 1⤊ 0⤋
You know actually have a major issue because you have a third-party documented case of drug-usage at your workplace. It doesn't look like you're from the USA, but in the US, this would pose a major problem because if an issue happened while he was working such as a safety violation, your company would be in major fault for harboring someone with a drug issue.
According to the US laws, this is on the same level as not providing fire fighting measures or a safe environment in general. You and not the person in question would be at fault if an issue arose.
If your insurance company is willing to allow him for rehab, then he could do it, however it will raise the overall rate of the workplace. You could conditionally release him with the premise of reaccepting him into the workplace with a clean drug record.
2007-06-28 22:28:29 · answer #2 · answered by atg28 5 · 0⤊ 0⤋
As far as I know, the company must have a set anti-drug policy published and provided to all employees.
Second, sometimes legitimate RX drugs show up in drug testing, so employees should always be asked to (confidentially) explain any medications (usually to the laboratory where the testing was conducted - NOT to the office secretary) they may be taking.
If drugs are affecting his work performance then they are certainly grounds for dismissal.
2007-06-28 19:27:28 · answer #3 · answered by americansneedtowakeup 5 · 0⤊ 0⤋
I know this is a sensitive issue, but it seems that she really cares about her employees. She must speak to him privately about this. She just has to say that he showed up positive on the drug tests, and that between that and the missed days at work that she is really concerned. And yes he could be a liability to the company if he should cause an accident at work, and someone should get hurt.
2007-06-28 19:37:18 · answer #4 · answered by sbyldy 5 · 0⤊ 0⤋
Some companies have a program that they send their workers to. It is paid for by the company. Then, I think it is like a three strikes and your out kinda thing. I guess it depends on how big this company is. Maybe they just want to warn him and give another test, in a while.
But, you have to watch how this looks to other employees too. And they probably have a good idea something is going on.
2007-06-28 19:53:28 · answer #5 · answered by non o u biznis 5 · 0⤊ 0⤋
If she doesn't want to just fire him, she needs to sit him down and talk to him, tell him that he failed the drug test (which he probably already pretty much knows), and that he'll have to continue to be tested regularly and that any further test failures will result in dismissal. She should document this meeting in writing, with a copy to him. She's certainly not required to give him this second chance, but can if she wants to.
Why in the world would somebody drug test their employees if they were going to keep them on whether they passed or not?
2007-06-28 19:39:33 · answer #6 · answered by Judy 7 · 0⤊ 0⤋
especially plenty maximum locations are requiring drug checking out as a call for, so if i actually needed the job, specific i'd. those standards are put in place to guard the different employees to boot as any outdoors human beings you would be working with.
2017-01-23 06:49:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I guess it would depend on what kind of insurance she holds for her employees..
She could speak with him privately and ask him what is going on, and offer the re-hab to him..
If she pays she could make him go in order to keep his job.
If he pays then she could maybe sign some contract with him stating that she would hold his job until he comes out..
Either way he has to get help and thank god for a friend with a head on her shoulders..
2007-06-28 19:27:25 · answer #8 · answered by Rebel 5 · 0⤊ 0⤋
if the guy is insured let him get treated in any hospital which treats for the drug i think the insurance company would pay for it but if something is done during office hours then company is liable to pay for it
2007-06-28 19:38:39 · answer #9 · answered by Alpa V 1 · 0⤊ 0⤋
It doesn't matter if he's nice. If he has an accident at your father's business, he could sue the Sh!t of him. Get rid of him before he causes drama.
2007-06-28 19:30:20 · answer #10 · answered by Jay 1 · 0⤊ 0⤋