Depressed employee mixing alcohol and meds at work -- what do we do? 01-01-00

How do I handle an employee that has been through a recent divorce and has been diagnosed as clinically depressed and has been prescribed medication to help, yet they show up at company functions drinking alcohol or telling stories about drinking while taking medication. Their personal affairs have greatly affected their performance at work. They have Jekyll & Hyde tendencies. Continually tardy or taking time off to see doctors. This person works full time on-site for one of our clients and their actions have a daily impact on the company image. I am hesitant to approach them due to the sensitive nature of it all. Any legal advice on how best to approach this problem?

Rita Risser's response:

The best legal advice I can give is hire an attorney! This is a tough one, and you need someone you can really talk to. But here are some thoughts --

This employee may be protected by the Americans with Disabilities Act (ADA) or your state's fair employment act. Generally, people who are taking medication or who are alcoholics are considered disabled. So you must accommodate them, especially when taking time off to see doctors.

At the same time, even the ADA allows employers to set standards based on business needs, and to enforce those standards. If you require every employee to be at work on time, you can require this one, too, and discipline for tardiness. If they are telling stories about drinking while on the job at the client site, that should be grounds for counseling about unprofessional behavior.

It's not clear if the "company functions" where the person shows up drinking alcohol are social or business functions. If they are business where alcohol is not served, it may be a violation of your company's policy about alcohol use at work, and grounds for discipline, up to and including termination. If they are more social functions where alcohol is served, the employer still can and should require professional behavior by everyone. That means it's okay to drink, but not to get drunk or inebriated by the combination of drugs and alcohol.

It's good that you are hesitant. You're right, it is a sensitive issue. That's why you need to work with a local attorney who can walk you through the process.

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