Employment Law Questions? Ask an Employment Lawyer.
What do you want done? Do you want to fire the employee? Drug test him?
Is there any kind of employment contract or union involved?
I would like to fire the employee but don't know if I need to prove my suspicion as it is based on another employees info. We have no employment contract or union involve.
You do not need a reason to terminate an at-will employee. You can fire any employee, any time, for any reason or no reason at all. You don't need "cause" to fire someone. The only exception is that you cannot fire an employee for an illegal reason, such as discrimination based on race, gender, religion, age or disability. It is also illegal to fire an employee for a legally protected act, like taking FMLA time or whistle blowing.
In this case, you are free to fire the employee on your suspicions. This is not illegal and nothing bad will happen to you. The only issue is whether the employee will be eligible for unemployment benefits. If you fire an employee for no reason or a bad reason, he can receive unemployment (assuming he has worked long enough to qualify). If you have a good reason to fire an employee, he would not be eligible for unemployment. So from that standpoint, you might want to confront the employee about it or ask him to take a urine screen.