Employee possibly drinking on the job. What to look out for? (unemployment, owner)

[chiroptera]

I will preface this by saying:
A: I have utterly zero tolerance for any sort of intoxication or high at work. The only time in over 30 years of running a small business I have fired someone on the spot and told them to leave now was because he were clearly drunk, and it was only his second day on the job.
B: I have not seen or smelled alcohol and I have no certain knowledge that this person is drinking at work. (If I did, refer to A. She would be gone, yesterday.)

I run a small painting company. Hired this woman three months ago. Her references checked out, she had tools and knowledge, she made a good first impression.

She appears to work hard and do quality work, but is inconsistent (some days gets a whole lot done, some days slow as molasses in January), and moody & volatile. I put the moodieness down to possibly menopause and I can empathise with that! Also I have learned she has some external stressors in her life. So I've been cutting her a little slack.

This morning one of the other people who work for me - he's worked for me for about eight years and is highly trustworthy - took me aside and said he is pretty sure he saw her chugging a can of beer after lunch yesterday; he walked out to where she was parked and caught her by surprise.

Suddenly a slew of small, weird occurrences with her made sense to me: daytime drinking would explain them quite neatly. She has never acted obviously intoxicated in any way but she's been....mildly inapropriate a few times.

Today when she came back from a lunch break, I spied on her through a window and before she got out of her vehicle it looked like she popped a mint or something in her mouth and she came in all perky and smelling of mint.

So....I don't know, but now I suspect. However, I want to have certainty if I'm to confront (and fire her) about this. I will be watching her like a hawk now. And so will the guy who told me he's pretty sure he saw her chugging a beer...but I will feel badly if I accuse her of drinking on the job and she actually isn't, so what do I need to look out for beyond the obvious (smelling like alcohol, bloodshot eyes, finding out that her water bottle is actually filled with vodka, etc)?

Again, I will not tolerate intoxication on the job for a second. On the other hand, I need to be sure before I drop the banhammer.

Any insight will be much appreciated!

[Nell Plotts]

Uneven performance, reports from employees about her drinking. This isn't going to improve. Start looking for a replacement and when you are ready tell her she is not working out, goodby. Do not explain yourself.

[LaCelestina]

Depending on your own policies (if any exist), you could perform a "reasonable suspicion" drug screen and alcohol testing. Sometimes these two are combined, sometimes they are done individual to each other. You can record these allegations (that someone saw her drinking alcohol, her uneven performance), and next time she appears to be off, or someone alerts you that she may be drunk, send her over to the nearest lab.

Not sure how it is for contractors, but firing someone "because it wasn't working out", even for an at-will employer, you'll have to demonstrate this is for just cause and not whatever discriminatory tag she can find, and hold you liable for unemployment insurance/benefits. Though I am aware you seem to like this "on the spot" firing, go through the disciplinary process. If she's messing up her work, document, document, document. Give her a verbal warning, written warning, then suspend or fire her if the actions deem it so.

[Teckeeee]

I would ask co-workers both of you trust, people usually share with those they trust.

Her moodiness may be legit mental health issues. Her meds may not be working and she may be self medicating.

Depending on how much you want to or care to you might take her aside and ask her is she is having medical problems because you have noticed she seems upset and her work is inconsistent.

You could always suggest she take some time off to get her affairs together.

It really depends how important this person is to you.

Wow you actually have employees all the companies here use subs, good for you.

[Hemlock140]

I was in a situation with a drunk that drove a company vehicle all day, and was union. We ended up buying a breath analyzer but finally were able to fire him when the cops picked him up for DUI while on duty. You have to be very careful about accusing someone unless you see them drinking from a marked bottle/can and have a written rule against it. Far better to fire her for more normal reasons such as not doing her job well enough. Drunks are not a protected class, but if you have no concrete proof you are asking for a wrongful termination lawsuit. Lawyers love that kind of case.

[Teckeeee]

Originally Posted by Hemlock140

I was in a situation with a drunk that drove a company vehicle all day, and was union. We ended up buying a breath analyzer but finally were able to fire him when the cops picked him up for DUI while on duty. You have to be very careful about accusing someone unless you see them drinking from a marked bottle/can and have a written rule against it. Far better to fire her for more normal reasons such as not doing her job well enough. Drunks are not a protected class, but if you have no concrete proof you are asking for a wrongful termination lawsuit. Lawyers love that kind of case.

I think that would depend on the state. I don't know WA labor laws, but yes that's similar in CA. Here in CO you can terminate anyone for any reason so long as it's not discrimination against race or religion.

[MrRational]

Originally Posted by chiroptera

I run a small painting company.

And you aren't already an expert on how to deal with drinkers?
The only sober painters I've ever known were all friends of Bill.

I once had a guy working for me who wasn't worth a dam...
without a steady dose of vodka through the day.

I refused to buy it and never let him drive anything...
but otherwise it (mostly) worked out.
Or at least no worse than the trouble I had with the others in the shop.

[Teckeeee]

Most of the people I have known in "the trades" showed up hung over sometimes, but could keep it together during the day. The worst was my friends Step dad. Came back to work from lunch drunk with his buddy and almost took off his arm with a recirp saw.

[texdav]

Originally Posted by MrRational

And you aren't already an expert on how to deal with drinkers?
The only sober painters I've ever known were all friends of Bill.

I once had a guy working for me who wasn't worth a dam...
without a steady dose of vodka through the day.

I refused to buy it and never let him drive anything...
but otherwise it (mostly) worked out.
Or at least no worse than the trouble I had with the others in the shop.

Now days responsibility for her on job and for others she endangers has changed. I can remember when I worked construction in the 60's many came to work hungover( but they did show. Now days I can't think of the responsibility change makes that wise. No one can take the chance on having a person under influence on job now days.

[manderly6]

Talk to her. Tell her you have a suspicion that she has been drinking on the job and let her know that it will not be tolerated if true and that you will be keeping a close eye on the situation. You can also say you are sorry if it turns out you were wrong, but as a business owner you can't afford to just ignore it.