 |
|
|
|
What Should an Employer Do About an Employee's DUI? March 10, 2006 Excerpted from Nebraska Employment Law Letter, written by attorneys at the law firm Erickson & Sederstrom, P.C.
Q: One of our employees didn't show up for work today. His mother called to say he was arrested and charged with DUI last night. Several years ago, we suspended him for testing positive for drugs. We have no evidence that he has come to work intoxicated, however, and his DUI didn't violate any company policy. Should we take any action against him? Basic Training for Supervisors: easy-to-read guides on employment law for supervisors, including substance abuse A: Your question raises a number of issues. Even if the employee's DUI arrest didn't violate company policy, you should take a look at the nature of his job. If his job duties require a significant amount of driving or if he holds a commercial driver's license (CDL), he may be unable to perform his job after being convicted and banned from driving or holding a CDL. If driving isn't a significant part of his job, you still have an employee with an obvious problem. If you maintain a drug-testing policy, you also might have a policy of helping employees get treatment for drug or alcohol problems. If you have an employee assistance program (EAP), you may want to refer the employee to it. Of course, if the employee remains incarcerated and is unable to return to work, you'll have to address attendance issues. If you have a no-fault attendance policy, absences due to incarceration aren't an excuse for not coming to work. Therefore, if he doesn't promptly return to work, you may have to discipline or fire him for attendance infractions. The bottom line is, you must assess the situation within the scope of your existing policies and in light of the requirements and essential functions of the employee's job. A DUI conviction doesn't normally exclude someone from gainful employment with most employers. It can raise a number of issues, however, including whether he should be referred to your EAP. Copyright © 2006 M. Lee Smith Publishers LLC. This article is an excerpt from NEBRASKA EMPLOYMENT LAW LETTER. Nebraska Employment Law Letter should not be construed as legal advice or legal opinion as to any specific facts or circumstances. The contents are intended for general information purposes only. Anyone needing specific legal advice should consult an attorney.
|
Do You Know the Law in Your State?
 |
|
|
|
|||||||
