suspected drug use

Discussion in 'Employment' started by sven1277, Jul 28, 2014.

  1. TTS

    TTS LawnSite Senior Member
    Posts: 615

    You have to weigh pro's and cons here. Not sure about your state but in Wisconsin you can't get unemployment if you're terminated for a failed drug test. With that you could test him, hope he fails and get rid of him. Or you could use the tardiness and poor performance and fire him without a drug test and pay the unemployment. If he passes a drug test and you choose to fire him after you will be treading on marginally thin ice.
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  2. grassmonkey0311

    grassmonkey0311 LawnSite Silver Member
    from MD/NC
    Posts: 2,239

    I agree with this ^^^^ and Easy-Lift Guy.

    You have a much better chance at getting him for being late, rather than for drugs. By law, if someone comes out and says they have a drug problem, you'll be in a world of hurt. They have to enter a drug rehab, you have to keep them as an employee, blah blah blah....it creates a real nightmare of a problem.

    Do you have anything in your handbook for a zero drug policy?
     
  3. PenningsLandscaping

    PenningsLandscaping LawnSite Bronze Member
    Posts: 1,855

    Don't fire for drugs, that's for sure. Write him up for everything he does and then cut him loose. He's a massive liability.
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  4. grassmonkey0311

    grassmonkey0311 LawnSite Silver Member
    from MD/NC
    Posts: 2,239

    Ugh. I still have nightmares about the time I did it.
     
  5. PenningsLandscaping

    PenningsLandscaping LawnSite Bronze Member
    Posts: 1,855

    Sorry you had a bad experience with firing over drugs. I guess if you have a handbook that clearly states a zero tolerance policy you can avoid all the bs you dealt with?
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  6. grassmonkey0311

    grassmonkey0311 LawnSite Silver Member
    from MD/NC
    Posts: 2,239

    Even with zero tolerance it can still be tough to do, but it can be done.

    My experience was with a previous company I worked for. Long story short, I fired him for drugs (he loved coke!). Then he states he has a drug problem, enters rehab. He has to stay on payroll, uses up his vacation time, then FMLA. Comes back to work, makes sure he shows up on time, but still screws off like before. The problem is, I can't fire him because I'll be "targeting" him. I can't make him take a test because I know of his previous history. Owner of the company doesn't want to take any chances in court so he lets the guy stay, even with a zero tolerance policy (too costly, time consuming, etc) During his time back, we never actually saw him use, or could prove he was using again. We were stuck with a bad egg.
     
  7. PenningsLandscaping

    PenningsLandscaping LawnSite Bronze Member
    Posts: 1,855

    That's insane.
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  8. Dr. Cornwallis

    Dr. Cornwallis LawnSite Senior Member
    Posts: 847

    I'd can him immediately. I have no problem with recreational marijuana use so long as it doesn't affect job performance, however if he is using hard drugs like pills and heroin, etc... That can be dangerous. Plus he's not showing up on time. It's time for him to move on. Something really bad could come about from keeping someone like this around.
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  9. recycledsole

    recycledsole LawnSite Gold Member
    from MD
    Posts: 3,231

    Yea document his poor performance, wr ite him up then fire him. America has some insane laws
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  10. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 12,103

    Listen to easy-lift. You request him to take a drug test because someone thinks so--that isn't trained--and you have nothing in your policies, you are totally screwed.

    Fire him for being late. Immediately. You have valid reasoning. Do it.
     

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