Legal Question in Employment Law in Pennsylvania
Smeeling alcohol on employees breath
We recently hired a receptionist a few weeks ago. She is still in training (we are a medical office). She has been doing very well in her training and is very pleasant with clients/patients. Several days ago another employee told me she could smell alcohol on the new receptionit's breath. I went down to check (non-chalantly as possible) and did indeed smell ''something'', though she showed no signs of intoxication. The owners of the practice were hesitant of doing anything about this because she showed no signs and we could not be certain it was alcohol. I have detected the same smell twice more this week , and other employees have commented on it as well (though they have told me she is doing her job well).
Is it legal to ask an employee if they have been drinking while in duty? What if they no they have not, but I continue to smell this odor? Thank you for your time.
1 Answer from Attorneys
Re: Smelling alcohol on employees breath
It is legal to ask whether your employee has been drinking. However, you should note that if it turns out the employee has a problem with drinking she may be classified as disabled. I suggest that you seek legal advice before taking any action.
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