As a lawyer, I can advise you that California law prohibits employees from being under the influence of drugs or alcohol while on the job. If you have an employee who repeatedly shows up to work under the influence, you may have legal options available to you.
One option is to implement a drug and alcohol policy in your workplace that outlines the consequences for violating this policy. This policy should clearly state that being under the influence of drugs or alcohol while on the job is prohibited, and that employees who violate this policy may be subject to termination.
If an employee violates this policy, you should document the incident and take immediate action. Depending on the severity of the incident, you may want to consider a verbal warning, a written warning or suspension, or termination of the employee. It is important to ensure that any action taken is consistent with your company's policies and applicable state and federal laws.
It is also important to ensure that you are complying with any applicable state or federal laws regarding drug and alcohol testing. For example, California law requires employers to have a legitimate reason to conduct drug and alcohol testing, and to provide employees with notice of the testing. Employers must also ensure that testing is conducted in a manner that is minimally invasive and that protects employee privacy.
If you are unsure about the legal options available to you or the best course of action for your particular situation, I recommend that you consult with an experienced employment attorney. They can provide you with more detailed advice and guidance, and help you navigate any potential legal challenges or pitfalls.
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