qcraftsman Posted January 31, 2008 Share Posted January 31, 2008 If he was smoking weed in my company van? The only thing is that another employee has told me that he was with him when he did it and he wanted to let me know. I have no proof, just another employee that I trust told me this information tonight. Link to comment Share on other sites More sharing options...
One Shot Posted January 31, 2008 Share Posted January 31, 2008 Well first, I must ask you, is the employee productive? Link to comment Share on other sites More sharing options...
G.A.C.O.L.B. Posted January 31, 2008 Share Posted January 31, 2008 Where is your business located? Link to comment Share on other sites More sharing options...
rincewind Posted January 31, 2008 Share Posted January 31, 2008 Narc. blahblahblah Link to comment Share on other sites More sharing options...
praise_gibbs Posted January 31, 2008 Share Posted January 31, 2008 I say no. Rincewind did nothing to be fired. It is all hearsay. Link to comment Share on other sites More sharing options...
Touchdown Redskins Posted January 31, 2008 Share Posted January 31, 2008 Well, I first need to know the name and location of said employer. I need to do a very thorough investigation. Link to comment Share on other sites More sharing options...
TheDoyler23 Posted January 31, 2008 Share Posted January 31, 2008 Pull him into your office and grill him. I'm not an attorney, but you may be able to get some answers that way. Link to comment Share on other sites More sharing options...
RedskinsSuperBowl21 Posted January 31, 2008 Share Posted January 31, 2008 If it affects his work then fire him, you have not grounds to fire an employee on hearsay. If you fire him without actually catching him he can go to the better business bureau and file a grievance and then you're in trouble. Drug tests are easy to get around and the grievance would go through easily and you would be looking at some fines. If he is not productive fire him for not being productive, otherwise your being a tightwad, no offense. Link to comment Share on other sites More sharing options...
diesel22 Posted January 31, 2008 Share Posted January 31, 2008 If he was smoking weed in my company van? The only thing is that another employee has told me that he was with him when he did it and he wanted to let me know. I have no proof, just another employee that I trust told me this information tonight. Not terribly familiar with any MD state statutes which may potentially protect this piece of.....uh...work As long as your talking about a privately owned business you are well within your rights. He may file suit but it won't hold water. You are under no obligation to prove the offense. As long as you have a reasonable reason to believe it took place you are good. Link to comment Share on other sites More sharing options...
rincewind Posted January 31, 2008 Share Posted January 31, 2008 I say no. Rincewind did nothing to be fired. It is all hearsay. Yeah, and I have a wife and kid to think about. Seriously, I'd fire his ass for stupidity. You NEVER smoke in front of someone else if you don't know what that person will do - ESPECIALLY when they are a co-worker. :doh: Link to comment Share on other sites More sharing options...
twa Posted January 31, 2008 Share Posted January 31, 2008 W/o a failed drug test I would think you would be exposed to risk of him at least collecting unemployment or worse from you. Personally I'd can his ass if the other guy is trustworthy,the legal aspect is another matter someone else can probably give better advice specific to your state. Narc. :laugh: Link to comment Share on other sites More sharing options...
G.A.C.O.L.B. Posted January 31, 2008 Share Posted January 31, 2008 Really man, now that I think about it, I very seriously doubt that a person who spends his working hours smoking weed in the work van, would get a lawyer or go to the BBB or anything like that. People like that just move on to the next job in a haze of purple smoke. Just fire his ass. Link to comment Share on other sites More sharing options...
prophet Posted January 31, 2008 Share Posted January 31, 2008 If he was smoking weed in my company van? The only thing is that another employee has told me that he was with him when he did it and he wanted to let me know. I have no proof, just another employee that I trust told me this information tonight. If if you have no drug policy you can pull him in your office, and give him a drug test on the spot. You can pick a drug test at a local drug store (CVS, Walgreens etc..) Since he is using a company van you have a right to do this since you are liable if he hurts someone while driving under the influence. If he refuses to take the test on the spot you have reason to fire him. In most cases the person will just fess up, and quit. Delt with this many times. Link to comment Share on other sites More sharing options...
diesel22 Posted January 31, 2008 Share Posted January 31, 2008 If it affects his work then fire him, you have not grounds to fire an employee on hearsay.If you fire him without actually catching him he can go to the better business bureau and file a grievance and then you're in trouble. Drug tests are easy to get around and the grievance would go through easily and you would be looking at some fines. If he is not productive fire him for not being productive, otherwise your being a tightwad, no offense. Things must be drastically different in the land of OZ....er, NC. Here in the real world an employer is well within his rights to terminate someone based upon the accounts of a witness he finds reputable Link to comment Share on other sites More sharing options...
kameuh Posted January 31, 2008 Share Posted January 31, 2008 Institute a drug testing policy, or at least bluff that you are doing so. Would probably have a rash of people leave though. Seriously though don't know if MD is an at will state or not. And unless you have proof beyond rumor, I wouldn't fire the guy if he's a good employee. Now if he's not the best employee to begin with just more of a reason to find someone better. Safety Break!! Link to comment Share on other sites More sharing options...
Riggins77 Posted January 31, 2008 Share Posted January 31, 2008 If he was smoking weed in my company van? The only thing is that another employee has told me that he was with him when he did it and he wanted to let me know. I have no proof, just another employee that I trust told me this information tonight. I would say no. I had this happen to me years ago when I was a manager at Food Lion. Actually, I had heard that my entire stock crew smoked weed and when I went to pick a friend up to go out drinking, half of them were over at his place hitting Billy Bong Thorton (4ft bong). They about **** themselves when I walked in there. I said nothing to them and figured, if they get pulled for a random drug test, that's their asses. My Grocery Manager went to HR stating that he witnessed them all smoking weed in a van, third shift, on their dinner break. They all got pulled for a "random" drug test. They all passed though, because back then you could get by with anything. To make a long story short, if you suspect an employee for doing drugs, as long as you have a drug testing policy, you should be able to have them go take a drug test immediately. Link to comment Share on other sites More sharing options...
herrmag Posted January 31, 2008 Share Posted January 31, 2008 If it affects his work then fire him, you have not grounds to fire an employee on hearsay.If you fire him without actually catching him he can go to the better business bureau and file a grievance and then you're in trouble. Drug tests are easy to get around and the grievance would go through easily and you would be looking at some fines. If he is not productive fire him for not being productive, otherwise your being a tightwad, no offense. You're incorrect on all fronts. You CAN fire him for any reason you choose, as long as it is not based on race, sex, age, disability, or any other PROTECTED category. So, yes, you absolutely can free of reprisal. http://www.alllaw.com/articles/employment/article21.asp http://research.lawyers.com/Maryland/Employment-Law-in-Maryland.html As for being a "tight wad". As a man that is currently trying to start my own business, I can tell you that all it takes is ONE person to see this jackass smoking weed to associate that with said company. That could cost thousands of dollars worth of business. If your employee has so little self-control that he can't wait until the end of the day to smoke weed, then yes, you absolutely should fire his ass. Hell, I'd fire him if I found out he smoked weed outside of work. Like it or not, it's still illegal. Link to comment Share on other sites More sharing options...
twa Posted January 31, 2008 Share Posted January 31, 2008 Good advice Prophet You need to keep in mind you are even more liable if anything happens due to his being drug impaired since you now have some prior knowledge of it. :2cents: Link to comment Share on other sites More sharing options...
qcraftsman Posted January 31, 2008 Author Share Posted January 31, 2008 I gotta say some of you all sound like loosers also. No offense but when you own your own business and it is what feeds your family it is like a child itself and you do whatever you have to to protect it and you won't let one person smoking an illegal drugs in your company vehicle ruin it for you and your family. If he is high and kills someone in a crash that ain't good. Think about it. Although some of you I appreciate you input. The employee has actually admitted to it when I just talked to him, which I'm assumming is good for me. Thanks guys... Link to comment Share on other sites More sharing options...
Riggins77 Posted January 31, 2008 Share Posted January 31, 2008 You're incorrect on all fronts. You CAN fire him for any reason you choose, as long as it is not based on race, sex, age, disability, or any other PROTECTED category. So, yes, you absolutely can free of reprisal.http://www.alllaw.com/articles/employment/article21.asp http://research.lawyers.com/Maryland/Employment-Law-in-Maryland.html As for being a "tight wad". As a man that is currently trying to start my own business, I can tell you that all it takes is ONE person to see this jackass smoking weed to associate that with said company. That could cost thousands of dollars worth of business. If your employee has so little self-control that he can't wait until the end of the day to smoke weed, then yes, you absolutely should fire his ass. Hell, I'd fire him if I found out he smoked weed outside of work. Like it or not, it's still illegal. True, but if you fire someone because you "suspect" them of doing drugs and you didn't have them tested, they could kick that **** out of their system within a month (if it's weed) and then sue your ass. While you would be protected by your company, it would get real messy and be hard to prove that he did any drugs.My advice is, if your going to straight up fire the guy, base that off performance and document it, assuming he is a poor performer. Also, you have to keep the same set of performance standards for all your employees, so you can't just make **** up to weed him out. That would come back to bite you in the ass. If his performance is good, then you should send him for a drug test. The key to management is consistancy and being equal to all your employees. You open up Pandora's Box when you start trying to single out peeps. :2cents: Link to comment Share on other sites More sharing options...
praise_gibbs Posted January 31, 2008 Share Posted January 31, 2008 I gotta say some of you all sound like loosers also. No offense but when you own your own business and it is what feeds your family it is like a child itself and you do whatever you have to to protect it and you won't let one person smoking an illegal drugs in your company vehicle ruin it for you and your family. If he is high and kills someone in a crash that ain't good. Think about it. Although some of you I appreciate you input. The employee has actually admitted to it when I just talked to him, which I'm assumming is good for me. Thanks guys... So, do I have this right? You start a thread asking a question, and with the responses you received, it was not what you wanted to hear.. so said posters are losers? Gotcha. Link to comment Share on other sites More sharing options...
Riggins77 Posted January 31, 2008 Share Posted January 31, 2008 I gotta say some of you all sound like loosers also. No offense but when you own your own business and it is what feeds your family it is like a child itself and you do whatever you have to to protect it and you won't let one person smoking an illegal drugs in your company vehicle ruin it for you and your family. If he is high and kills someone in a crash that ain't good. Think about it. Although some of you I appreciate you input. The employee has actually admitted to it when I just talked to him, which I'm assumming is good for me. Thanks guys... I would offer him help through substance abuse classes, then random drug test him if he's a good guy and just ****ed up once. I don't know how private business is ran, but I have always believed people deserve a second chance. Link to comment Share on other sites More sharing options...
herrmag Posted January 31, 2008 Share Posted January 31, 2008 True, but if you fire someone because you "suspect" them of doing drugs and you didn't have them tested, they could kick that **** out of their system within a month (if it's weed) and then sue your ass. While you would be protected by your company, it would get real messy and be hard to prove that he did any drugs. I know it sounds crazy, but I've been schooled by lawyers on this very board about this very subject. Maryland is considered "AT Will" employment. You can fire anyone for no reason at all, as long as it is not protected against (race, religion, age, sex, etc), or the termination requirements are not covered under the specifics of the contract. http://www.dllr.state.md.us/labor/wagepay/wpatwill.htm Link to comment Share on other sites More sharing options...
spjunkies Posted January 31, 2008 Share Posted January 31, 2008 It's just weed. Leave the guy alone. Link to comment Share on other sites More sharing options...
Riggins77 Posted January 31, 2008 Share Posted January 31, 2008 I know it sounds crazy, but I've been schooled by lawyers on this very board about this very subject. Maryland is considered "AT Will" employment. You can fire anyone for no reason at all, as long as it is not protected or termination is not covered under the specifics of the contract.http://www.dllr.state.md.us/labor/wagepay/wpatwill.htm Maybe it's different here in NC. I don't know, I do know that at my current job, our HR department is so anal about everything, it's hard as hell to just fire people unless it's something horrible (failed drug test, embezzlement, etc.). Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.