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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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What do I do with an employee who smells like alcohol? Can

Resolved Question:

What do I do with an employee who smells like alcohol? Can we randomly test him?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Do you have a testing policy in place?

Does the employee have a contract or are they an at-willl employee?

Customer: replied 5 years ago.
No we don't have a testing policy in place and we are an at-will employer.
Expert:  Tina replied 5 years ago.
In that case, it is typically best to terminate or discipline the employee rather than insist on testing them.

While you can perform random testing and if you have reasonable suspicion, you can normally test just one employee if they smell like alcohol.

However, before testing, you must typically implement a policy and provide notice to employees that they may be subject to testing.

If you test without notice, that could give rise to a legal claim by the employer, so I would instead take disciplinary action since they are an employee at will.

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