Can an employer fire you for smelling like alcohol?

While you can’t be fired, the FMLA does not guarantee you will be paid during this time. One way to help supplement your income during this time is to apply for short-term disability.

What to do if someone comes to work smelling of alcohol?

Initially, you should interview the employee to try and establish the extent of their condition. You need to determine whether or not the member of staff is incapable of working, or if they are posing a risk to themselves or anyone else. If that is the case, then they must be sent home immediately.

Is coming to work drunk gross misconduct?

turning up to work drunk or drinking alcohol at work is unacceptable and may be considered an example of gross misconduct.

Is it illegal to smell like alcohol?

An odor of alcohol is created by drinking any amount of alcohol, not just an amount that would cause legal impairment or a person to have a . So an odor of alcohol alone cannot be sufficient probable cause to arrest or request a chemical test.

Can you smell when someone has been drinking?

Unlike many other drugs, the smell of alcohol can also be a warning sign that someone is drinking. Alcohol has a strong odor that is not only present right after someone drinks, but it also tends to linger on their breath or even their clothes.

What are examples of gross misconduct?

Examples of gross misconduct

• stealing petty cash.
• taking office supplies for personal use outside of work.
• stealing from colleagues.
• fraudulently claiming expenses.
• making gain from industrial espionage.
• falsifying work documents.
• using work premises for fraudulent or personal use.

What is classed as gross misconduct?

Gross misconduct is an act which is so serious that it justifies dismissal without notice, or pay in lieu of notice, for a first offence. They must be acts that destroy the relationship of trust and confidence between the employer and employee, making the working relationship impossible to continue.

Can an employer dismiss an employee for smelling of alcohol?

The tribunal found that there was no evidence that he was ‘unfit for work’ and that a reasonable employer would not have dismissed an employee for smelling of alcohol without separate evidence that he was unfit for work.

Can a receptionist who smells like alcohol work for your company?

I do grant that a receptionist who smells like alcohol due to drinking the day or night before may not be the best person to represent the company and greet clients. What employees do in their spare time is really none of the employer’s business unless it is criminal or directly impacts the company.

How do you deal with a coworker who smells like alcohol?

The first step would be to approach them directly and discreetly about your noticing the smell of alcohol or other signs of drinking. There’s nothing wrong with being concerned about a coworker, but they may be offended or become hostile.

What happens if an employee is under the influence of alcohol?

Employers have a legal duty to protect the health and safety of their employees and others. Part of this duty is to take action where there are grounds to suspect an employee of being under the influence of alcohol (or drugs), particularly where the work involved may pose a safety risk which applies in the case of operating heavy machinery.