Legal Question in Civil Rights Law in Massachusetts

Almost all workers are at-will employees and can be terminated at any time for any reason, with the exception being if there is a written contract stating otherwise. Assuming the person is an at-will employee, managment can fire the person, unless the real reason is for discrimination on the basis of race, gender, ethnicity, sexual orientation, age (if over 40), or because of a disability. If fired, the person may claim that he or she was fired because of a disability of being an alcholic. However, an employer cannot fire someone for being an alcoholic, but can fire someone for coming to work under the influence or having alchohol on his breath. My advice is for management to address the issue with the employee and receive his or her explanation and tell the person clearly that he or she cannot show up with alcohol on their breath. Then if they do so, fire the person. I can't guarantee he or she won't sue, but if the person does, it is a very weak case that should go by the wayside. Good luck, but an employer need not tolerate someone showing up with alcohol on his breath.