Employers often face situations where the available evidence is imperfect. One example of that is when an employee appears to have reported to work intoxicated. The legal question is usually not whether the employer was unquestionably correct, but whether it acted reasonably based on the information available at the time. Thus, if the employer observes the employee slurring speech, forgetting obvious facts (like the day of the week or a very recent conversation), having impaired coordination, or having difficulty signing the employee’s name, such evidence can support a good-faith conclusion that the employee violated a workplace policy prohibiting intoxication at work, and discipline would be appropriate even without definitive proof (such as a drug or alcohol test result). However, employers should be careful if they have information suggesting that the observed behavior may be caused by a medical condition, medication, or disability. In that situation, the employer may need to pause and consider its obligations under applicable disability accommodation and leave laws before deciding on discipline.
--Adam K. Treiger, True Course Business Law, APC, Vice President of the Board
