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About Jim Dromsky
Expertise
I can answer questions relating to Management/Executive recruitment, retention and development. How to's relating to Organizational Development, Training, Succession planning, Management assessment and when to go outside instead of promoting from within. Additionally, questions on performance based compensation incentives, employment law, harassment, etc.

Experience
James Dromsky is Founder and CEO of Orion Consulting, Inc. During his twenty-five year career he has conducted and managed Executive Search and Human Resources consulting engagements in the Consumer Products, Electronics/Computer, Financial Services, Information Services, Chemical, Pharmaceutical, Transportation and DOD related industries. Prior to founding Orion Consulting, Inc., Mr. Dromsky functioned as Engagement Manager and Consultant for regional and national Search and Consulting Firms. He has successfully completed Search assignments for positions including President, General Manager, Vice President Operations, Vice President Finance/CFO, Vice President Marketing/Sales, Vice President Manufacturing, Vice President Engineering, Vice President R&D, Vice President Human Resources as well as Managerial, Supervisory and Professional Direct Contributor positions in all functional areas. As President of Orion Consulting for the past 23 years, Mr. Dromsky is directly involved in and responsible for all Search and Consulting engagements. These engagements have ranged on the Search side from a single top management assignment for a start-up firm to a 75 hire multi-year reconstruction of a major appliance manufacturing concern. The Consulting engagements have ranged in scope from individual assignments such as a targeted salary survey; development and implementation of database applications for a H.R. Information System in the consulting industry; design and growth of a software development team for the information services arena to the conceptualization and installation of a complete corporate Human Resources function. Mr. Dromsky received his education in Biology and Chemistry from Rutgers, the state university of New Jersey. In addition, he has taken graduate course work at the same university in the area of Business and Marketing. Mr. Dromsky served in the U.S. Navy, which included a tour of duty in Southeast Asia.

Education/Credentials
Mr. Dromsky received his education in Biology and Chemistry from Rutgers, the state university of New Jersey. In addition, he has taken graduate course work at the same university in the area of Business and Marketing. Mr. Dromsky served in the U.S. Navy, which included a tour of duty in Southeast Asia.

Past/Present Clients
Client list furnished upon request

 
   

You are here:  Experts > Jobs/Careers > Human Resources > Human Resources > employee working under the influence

Human Resources - employee working under the influence


Expert: Jim Dromsky - 9/18/2009

Question
QUESTION: We had an employee come to work under the influence of alcohol. Our business requires most employees to travel for their job and in a group.  This is not the first sign that this person drinks heavily, but it is the first time they have shown up for work obviously unable to perform their job duties.  We want to retain the employee and give them an opportunity to make corrections to their behavior, if possible.  We have issued a written discipline action report, put them on probation, have them working in a position without travel so they are coming into the office, and we have required proof of counseling regarding alcohol consumption to be provided within two weeks in order to avoid termination.  A follow up meeting is scheduled for the end of the two week period.  Our manual states "being under the influence of alcohol while on the job is a violation of company policy and may result in termination of employment".  The employee agreed but stated they did not know where to get the help.  We suggested private or group counseling, AA, medical doctor.  Are we acting within our legal rights to require proof of counseling?  Is there anything else we should do to protect ourselves?

ANSWER: Lynn:
I assume you have a medical benefits program?  If so Substance abuse treatment etc is usually covered. Have this person either get into a program directly or to get a referral from his primary doctor.  Yes you are with in your rights.  As long as you enforce your policies consistently it should be ok.
Let me know how you proceed.
Jim

---------- FOLLOW-UP ----------

QUESTION: I have been told that if the employee seeks help and then again breaks company policy and comes to work under the influence, we will not be able to terminate them because they are in therapy and are now considered to have a disease which they are being treated for.  That makes it sound like by us requiring proof of counseling, we are accepting responsibility for employing the person.  By us proceeding in the way that we did, have we opened ourselves up to not being able to terminate the employee if they were to come to work under the influence again?

Answer
While, I would check with a lawyer (always a good cya move), this situation after the formal warning is grounds for immediate termination.  I assume you informed this person in writing that if he/she appeared under the influence, he/she would be terminated?   Drugs or alcohol it is still seen as a drug in the eyes of the law.  Your policy states that this offense is grounds for termination, you did attempt to help the person, now its time to enforce the policy.
On another note, given the fact you gave this person another chance, you now must do this with anyone in a similar situation.
The courts also look at how you administer the written policy in decision making.
Jim

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