Legal Question in Business Law in New Jersey

Re: Drunk Driving Employee

I'll take a shot at this since no one else has.

A business is liable for the acts of its employees that are done in the course of employment. A safe assumption is that this includes everything done during working hours subject to an exception for "frolic and detour." You can count on being sued if one of your employees injures someone else while on the job. You may have some defenses, but they will not sit well with a jury if the result is that a victim gets no compensation. The fact that he is in his own vehicle helps only a little.

I applaud your motives for supporting an employee and family member in need. However, that position is not risk-free. Here are a few suggestions:

1. Ask the same question in the personal injury forum. The damages that might ensue are most likely to involve PI defense and the lawyers that do that may have some specific answers for you.

2. Talk to your insurance company without mentioning names. They may have some advice for you on managing the risk of employee with substance abuse problems.

3. There may be some help to be had from your health plan if you offer one. Anyone with a substance abuse problem has a health issue. For some, the abuse extends to addiction.

4. It is within your right as an employer who knows of the problem to condition continued employment on certification by a qualified professional as to satisfactory progress in a treatment environment. You may also be able to condition continued employment on voluntary agreement to random alcohol testing. Both of those options are best done with the specific advice of a lawyer.

5. For some, alcohol abuse rises to the level of an addiction. Although it is not intended to be legal advice, there is some good perspective in:

http://www.aa.org/bigbookonline/en_BigBook_chapt10.pdf

See also: http://info.corbettlaw.net/lawguru.htm