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I just fired a guy for (1 Viewer)

5Rings

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For drinking at lunch and I feel like a jerk. Our employee handbook specifically states drug/alcohol consumption on company time are grounds for termination....and he had been written up for poor performance only 4 days prior.

He denied drinking, though I have written affidavits from 4 employees who smelled / heard him brag about it.

This is a casual work environment (shorts / polos), we have had (after hours) happy hours and drinks on the back patio, but a line needs to be drawn during work hours IMO.

Am I jerk, or should I not worry about it?

 
Lunch is considered company time? Granted, you don't want the guy coming back drunk, but if he had a beer or two over lunch, his time, I don't see the big issue.

 
Of course this happened the day I'm out (Friday)...but supposedly he took excessive bathroom and water breaks, was seen sneaking into my office and our digital tech room during "water breaks", and production was very inaccurate with flighty body language. When I asked him point blank today, he claimed he had only taken a Xanax.

eta--He's in a production position where he needs to be on point.

 
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Just because it's grounds for termination doesn't mean it's an automatic termination. If he had just been written up, I'd record what happens over the next 90 days from the write up. If after 90's days you don't want to keep him, then use the drinking incident as grounds for the termination. I can't imagine what work life would be like if everything that is grounds for termination could get me fired on the spot. I'm not a saint. Nor is anyone else.

 
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This is a casual work environment (shorts / polos), we have had (after hours) happy hours and drinks on the back patio, but a line needs to be drawn during work hours IMO.

Am I jerk, or should I not worry about it?
Not sure you are a jerk, but if your company is encouraging drinks on the patio, you have some issues.

 
Does it depend on the industry? Where I work, drinking at lunch is a huge no-no. And this guy had already been written up for being terrible.

 
Did the employees who reported him go to him first and let him know they were going to talk to you about this problem? Or did they just tell you behind his back without saying anything to him first?

 
This is a casual work environment (shorts / polos), we have had (after hours) happy hours and drinks on the back patio, but a line needs to be drawn during work hours IMO.

Am I jerk, or should I not worry about it?
Not sure you are a jerk, but if your company is encouraging drinks on the patio, you have some issues.
Maybe so. Our 2nd floor patio has really nice ocean views, and we've had some Friday evening company bonding events (with alcoholic and non-alcoholic beverages available). I was hoping we were all adult enough to handle. Good points by all, thanks.

 
Hopefully you did him a favor and this will set him straight. You clearly did the right thing for your company.

 
For drinking at lunch and I feel like a jerk. Our employee handbook specifically states drug/alcohol consumption on company time are grounds for termination....and he had been written up for poor performance only 4 days prior.

He denied drinking, though I have written affidavits from 4 employees who smelled / heard him brag about it.

This is a casual work environment (shorts / polos), we have had (after hours) happy hours and drinks on the back patio, but a line needs to be drawn during work hours IMO.

Am I jerk, or should I not worry about it?
Drug test before firing. All you need is probable cause.

Seriously, is it that hard to stay sober at work?

 
Did the employees who reported him go to him first and let him know they were going to talk to you about this problem? Or did they just tell you behind his back without saying anything to him first?
I was out, but apparently his co-workers told him that he smelled like a brewery and to get himself together. It just so happened that a manager was in the vicinity and heard the conversation.

 
So basically this was a company-sanctioned opportunity to fire an underperformer?

You did good, he's a bottom 10%er. see Jack Welch.

 
This is a casual work environment (shorts / polos), we have had (after hours) happy hours and drinks on the back patio, but a line needs to be drawn during work hours IMO.

Am I jerk, or should I not worry about it?
Not sure you are a jerk, but if your company is encouraging drinks on the patio, you have some issues.
Maybe so. Our 2nd floor patio has really nice ocean views, and we've had some Friday evening company bonding events (with alcoholic and non-alcoholic beverages available). I was hoping we were all adult enough to handle. Good points by all, thanks.
Isn't serving booze on company property a huge liability?

 
I don't know any company that allows drinks with lunch these days. Now back in the day it was routine. But that was 30 years ago. He broke the rules, he obviously was not a model employee, you did the right thing.

Oh and if I were your company I would cut out the happy hours and drinks on the company premises. Begging for a lawsuit when someone inevitably drives drunk and the worst happens.

 
You are leaving out a lot of his side of the story, by the way.
If I was telling his side, it would go like this:

"I've been there 4 months, its my first desk job, and I know they have high expectations that I was not meeting. I even said in a review that I wasn't retaining information and my learning curve was way behind. I dunno, the owner was out and I just felt like I deserved a few beers at lunch with my Xanax. I don't see what the harm is. Its not a big deal."

How's that?

 
You are leaving out a lot of his side of the story, by the way.
If I was telling his side, it would go like this:

"I've been there 4 months, its my first desk job, and I know they have high expectations that I was not meeting. I even said in a review that I wasn't retaining information and my learning curve was way behind. I dunno, the owner was out and I just felt like I deserved a few beers at lunch with my Xanax. I don't see what the harm is. Its not a big deal."

How's that?
He said that? Good riddance.

 
You are leaving out a lot of his side of the story, by the way.
If I was telling his side, it would go like this:"I've been there 4 months, its my first desk job, and I know they have high expectations that I was not meeting. I even said in a review that I wasn't retaining information and my learning curve was way behind. I dunno, the owner was out and I just felt like I deserved a few beers at lunch with my Xanax. I don't see what the harm is. Its not a big deal."

How's that?
He said that? Good riddance.
No.

 
sounds like he was not very well liked. Personally I would be more concerned with the production of those who have the time to monitor others bathroom breaks.

 
As someone who used to keep a bottle in his desk drawer, and used to replace that bottle several times a week, I could not have fired him for drinking at lunch. But since he's a poor performer to boot, I would have had an off-the-record come to Jesus meeting with him to discuss his future with the company.

 
As someone who used to keep a bottle in his desk drawer, and used to replace that bottle several times a week, I could not have fired him for drinking at lunch. But since he's a poor performer to boot, I would have had an off-the-record come to Jesus meeting with him to discuss his future with the company.
That has happened. Twice already. Once was four days before after his poor performance review with his manager. :shrug:

 
Employees should have the option of a breathalyzer in this situation. If he is under the legal limit then he isnt drunk and you shouldnt be able to terminate him.

 
As someone who used to keep a bottle in his desk drawer, and used to replace that bottle several times a week, I could not have fired him for drinking at lunch. But since he's a poor performer to boot, I would have had an off-the-record come to Jesus meeting with him to discuss his future with the company.
That has happened. Twice already. Once was four days before after his poor performance review with his manager. :shrug:
Then I'd look at this most recent incident as the straw that broke the camel's back rather than a simple violation of the rules.
 
just ask to see the prescription for the xanax.
Can an employer ask such questions? Given the other facts of this story, I'm not sure I would suggest doing this.
I think they have the right to ask for documentstion that any narcotics you are taking is under the supervision of a doctor.

If you have the scrip then why would you care?
Xanax is NOT a narcotic. Why would I care? Because it's a privacy issue.

 
just ask to see the prescription for the xanax.
Can an employer ask such questions? Given the other facts of this story, I'm not sure I would suggest doing this.
Great question. And since I'm just wheelin around after some shots from the wife, why not.'

If he has a real medical condition, I'd assume that would be far beyond the pale of "acceptable"

On the other hand, if it's recreational abuse of a controlled substance, I can't see patient priviledge in play.

I ain't no lawyer (though I AM a Jew on Long Island's Gold Coast), so there must be a legal - and for that, philosophical - term for the reality will determine the answer to the question, it can not be answered from here. But the answer is, for sure, certain once it is known.

 
just ask to see the prescription for the xanax.
Can an employer ask such questions? Given the other facts of this story, I'm not sure I would suggest doing this.
I think they have the right to ask for documentstion that any narcotics you are taking is under the supervision of a doctor.If you have the scrip then why would you care?
Xanax is NOT a narcotic. Why would I care? Because it's a privacy issue.
Its a benzo. Classified as a narcotic I believe.

I completely agree with you about the privacy issue but companies are allow to test people for drugs. If you have a scrip then you get a pass . I wouldnt have a problem proving that I acquired the medication legally rather than be fired.

 

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