Legal Question in Administrative Law in Arizona

Re: drunks in the workplace

Showing up for work intoxicated is unacceptable in any workplace. You must be sure of your facts, however, and sometimes that can be difficult.

It would be best to have a company policies and procedures manual to cover such situations, but assuming there is none then following a 3-step disclipline procedure is recommended.

(1) Confront the employee in person and issue a verbal warning concerning the unacceptable behavior. Make notes later of the conversation and keep them in the employee's file.

(2) If there is a second occurrance, issue a formal written admonishment and warning concerning the behavior and advise that one further incident will result in summary termination. It is best to have evidence of the delivery of the written warning, whether by certified mail or some other fashion.

(3) If the behavior is repeated, fire the employee. Always have a witness present when you speak with the employee about this topic.

You can counsel the employee to seek professional help for the problem at any stage.