Substance Abuse

The Legal Side of Employee Substance Abuse

It’s your job as a manager to keep an eagle eye out for drug and alcohol abuse among your employees. If a problem is discovered, how you handle the situation could get you and your company called on the legal carpet. Will you know what steps to take to avoid legal liability?

Edwin Sleeman cut his finger while on the job and, as per company policy, had to submit to a drug test. The test came back positive for marijuana. Manager Nelson Quibb had Sleeman sign a last-chance agreement, stating that he must participate in a drug and alcohol treatment program as well as submit to random drug testing for the next 12 months. Also, the agreement made it clear that if any of the tests came back positive, Sleeman would be terminated.

Months later, Sleeman again tested positive for marijuana, and Quibb fired him. But Sleeman didn’t take his termination lying down. He took the company to court. His lawsuit included charges of race discrimination, invasion of privacy, and wrongful discharge. Sleeman, who was white, claimed that black employees were treated more leniently under the company’s drug and alcohol policy. But an appeals court found no evidence to support any of Sleeman’s claims.

Said the court: At least one black employee was also required to sign a last chance agreement for a positive drug test and was also fired for violating it. Sleeman’s invasion of privacy claim also fell short because only the company nurse and Human Resources manager knew of the results of his tests, and they had a legitimate need to know. Plus, since Sleeman was an at-will employee, the company could have discharged him whether or not he was given a drug test or signed the agreement.

Managing how to deal with alcohol and drug issues in a workplace can create a lot of questions. Managers and supervisors can call the Supervisor HotLine at our toll-free number or, for more information, contact us.