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Drinking on the Job

If someone has ever been terminated for drinking on the job, it can cause many legal issues as well as questions such as: what is the drinking on the job laws, what is alcohol in the workplace policy, and is it illegal for an employee drinking at work. Listed below are five for the top drinking on the Job questions that have been answered by the Experts .

If someone got drunk at work, passed out, had to be taken to the hospital and upon returning to work was fired, is this a form of discrimination in the work place if the employee admits to being a alcoholic? What action could be taken against the employer

Generally, an employee can be discharged for something like drunkenness on the job, as employment, in the absence of an employment contract, is at will, and thus an employee can be terminated without cause or notice. However, alcoholism is sometimes, depending on the specific facts of the individual's illness, a covered disability under the Americans with Disabilities Act. Under the Act, a person cannot be fired for having a disability. As such, I would contact the Equal Employment Opportunity Commission immediately to discuss the possibility of filing a charge of disability discrimination.

In the state of Tennessee, is there any way that an employee can be fired from their job if someone witnessed the employee drinking at work.

In TN, the employer can terminate your employment for any reason or no reason at all that is not discriminatory or retaliatory unless you are a contract or union worker. If the employer has a progressive discipline policy and it violates its own policies in terminating you, you could have a cause of action for wrongful termination.

If someone has a drinking problem and came to work smelling like alcohol the next day after drinking the night before, and has completed an alcohol counseling session, can the employer ask for them to provide a certificate of completion of the session even though it was prior to the offense?

Once it became known to the company that you had this issue, it is no longer your personal business as your personal choice attributed to your quality at work and to your demeanor. While you do not have to provide a copy of the certificate to the employer, the employer can use your refusal as cause for termination, specifically for being terminated due to being intoxicated at work. It is your choice as to whether or not to comply, but what the employer is requesting here is fully within their rights and is something you should provide them if they request it.

If someone works in a bar, and has a drinking problem that the employer was aware of and was served too much alcohol that led to drunkenness and altercations with the police, and was then fired the next day, can the employee file for loss of income?

There is a concept of law called "contribution" which basically means that any actions on your part could offset the negligence of the other party.

In addition, all states are not, to some extent, employment at will states which mean that an employer can fire you for any reason other than an illegal one like race, age, gender, etc. While you might be able to make a claim that alcoholism is a disability, they would claim that they didn't fire you because you are an alcoholic, assuming you are, but instead because you were involved in the altercation with the police at one of their locations.

If someone works for a dentist who is drinking at work and working on patients drunk, what legal responsibility does the individual have in this matter?

You are not required to take action but may wish to report it. This is highly dangerous and improper. You may report it to the Better Business Bureau (BBB), dept of consumer affairs, the licensing board and even the police. Were you to leave because of such unsafe working conditions, you could collect unemployment benefits generally.

Drinking on the job can cause a person many hardships. Sometimes legal implications can come from drinking on the job or workplace. If you are in a situation such as this you can ask the Experts any questions you have that pertain to alcohol in the workplace, and drinking on the job laws.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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2 Employment Lawyers are Online Now

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Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Drinking Questions

  • as follow up. My girlfriend has complained she has been harassed

    as follow up. My girlfriend has complained she has been harassed and threatened by other male employees. No action was taken except changing her schedule to her major inconvience to separate them. She got to work yesterday morning in one of the worst storms in California recent history. She had slept badly and had puffy eyes. Her employer said she had be drinking. All three management said they smelled it. Her closest employee that she works with said no way except for the tired look. She was not tested as they say in the employee handbook. Any case?
  • I have an employee that seems very paranoid. She comes to

    I have an employee that seems very paranoid. She comes to the personnel office stating that people are calling her landlord to see if she is smoking marijuana and drinking. She tells us people are talking about her in Spanish. She becomes irritated when
    she feels like she isn't getting help but she wont tell us who it is because " we wont believe her". I am very concerned for her stability and the safety of others. Can i require her to take a leave, have an evaluation done and request a medical clearance
    before she is allowed back to work?
  • I live in Bismarck ND, the past weekend I was working at my

    I live in Bismarck ND, the past weekend I was working at my bartending job. My coworker and I had a some drinks while working a 13 hour shift with no breaks. We got a little bit out of had while joking with the intoxicated customers. I half mooned a guy who thought it was hilarious, I realize now it wasn't. But my employer is now threatening to prosecute me for drinking while customers were there and mooning the guy. I already told him to keep my pay and I wont come back, what would happen to me if he did decided to go to court with it? Also are there any laws about having to take breaks? I have worked many 8-13 hour shifts for him without even a 5 min break to take a rest.
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