Last updated : November 18, 2024
An important factor in making sure you have a safe and efficient workplace is to make sure employees are healthy enough to perform their jobs properly. Aside of annual physicals and promoting wellness activities around the office or workplace, it can be hard to determine if an employee is abusing drugs or alcohol. Unless you conduct frequent or random drug testing, you may never know if an employee is taking a controlled or altered substance.
There are countless drugs that are available both legally and illegally that someone can abuse. Most commonly, marijuana, cocaine and heroin are abused throughout the U.S. and around the world, both in and away from the workplace. When the effects of drug abuse carry over into the workplace it will affect employee performance and cost your company money when dealing with the short and long term effects of drug abuse. In addition if the employee harms himself or others as the result of being under the influence of drugs or alcohol, your company can be held responsible. There are things you need to know before you fire or terminate an employee if you find out he or she has been using drugs.
The effects of drugs in the workplace
Most workers are protected by discrimination laws that prevent drug testing in the workplace. If an employee feels singled out or it is not stated in the employee handbook that he could be drug tested at any given time, he could seek legal recourse to protect his job. It is important that an employee signs the employee handbook or other legal documents giving you permission to drug test him if the suspicion of drug use is raised. This should be an important part of the employee hiring process.
Marijuana is a type of drug derived from the hemp plant and is the most commonly used drug in the U.S. one in 300 people have an addiction to this drug. Signs that an employee may be using includes red eyes, slowed reaction time, paranoia and anxiety. If you find this type of drug on an employee because it is illegal in most states, it can be grounds for instant termination. If the employee has a medical marijuana card, you should reconsider termination on those grounds.
Heroin is a much more serious drug. A member of the opiate family, this drug has serious psychological and physical effects. Once used, it binds with the brain’s natural opioid receptors and begins to generate feelings of warm flushing of the skin, heavy feeling in the extremities and severely decrease mental and cardiac function. Finding needles, drug paraphernalia or drug residue can be grounds for immediate termination. Because Heroin in a narcotic and is illegal to use and possess, it is at our discretion to terminate an employee for using this drug while at work.
Cocaine is a psychoactive and powerfully addictive stimulant drug. It is illegal to use and possess in the U.S. Having an employee who takes this drug while working can lead to damaging behavior and actions that could lead to harm. Any change in behavior that results in hyperactivity, increased energy, reduced fatigue followed by a crash of exhaustion or unproductively could be a sign of drug use.
Employee accidents
Employee accidents that occur should involve a complete investigation to rule out drug use or foul play. While accidents happen to the best of employees, if an investigation proves that drug use was a factor, the employee has definite grounds for termination. If the employee causes harm to others, himself and equipment or property, you have the right to file a lawsuit for damages.
Employee termination
Terminating the employment of an employee is suspected to be under the influence or has failed a drug test can be challenging. You will have to prove that the employee was not following his duties correctly and was not performing to a satisfactory level. You must also prove that he put his life in danger as well as others within the workplace.
Keeping documentation and supporting paperwork in an employee’s permanent employee file is necessary in case he files an unemployment or wrongful termination claim. It is at the employer’s discretion whether to suspend an employee without pay or terminate him without further notice based on your employment policies.
