Q - A: What do I do about employees who appear impaired at work? Two scenarios

Q We have an employee who definitely showed signs of being on drugs or alcohol at work. We want to let him go per our handbook policies that prohibit employees from being at work under the influence of alcohol or drugs, but he has now stated he is getting help for his problem. Is he protected since he is going to seek help, or can we fire him because he broke company policy?

You are permitted to treat your employee as you would any other employee who was perceived to be under the influence of alcohol or drugs in the workplace—regardless of whether the conduct stems from alcoholism or drug addiction. So, if the appropriate disciplinary action under your handbook policies is termination of employment, you can fire him without any further discussion about his potential disability.

Your question is silent on what specifically the problem is for which he is getting help, but it bears mentioning that the law doesn't protect an employee who is currently using illegal drugs, though it may protect a "qualified" alcoholic who meets the definition of disability. In short, you can hold an employee who is an alcoholic or currently using illegal drugs to the same performance standards and conduct you expect of all employees.

Q We have an employee who felt dizzy and numb at work, so we called EMS. They took his vitals (which were fine) and suggested he go to the ER to get checked out. He refused to go. Although we can't force him to get checked out, we don't want him driving our company vehicle, either. What are our options?