Can My Employer Terminate Me for Smelling Like Alcohol: An Employee’s Guide

Recently, a truck driver found themselves in a situation where a coworker notified their supervisor of a smell that raised alarm. The driver was escorted out of the workplace, but no breathalyzer test was conducted. This incident raised a significant question: can an employer terminate an employee solely based on smelling like alcohol?

General Employment Practices

As a general rule in the United States, your employer has the right to terminate you for almost any reason, or no reason at all. This is due to the concept of employment at will, which means that both the employer and employee can terminate the employment relationship at any time, with or without cause. However, this framework is subject to union contracts and state and federal laws.

Smelling of Alcohol and Union Involvement

Smelling of alcohol, even if it is on your breath, does not necessarily mean you were intoxicated. Intoxication means being impaired to the point of being unable to perform your job safely and effectively. A single sip of alcohol may cause your breath to smell as if you had consumed more, but this does not equate to intoxication. Additionally, factors like medical conditions can cause similar symptoms to those of intoxication.

Your union contract should outline the procedures to be followed if an employee is suspected of intoxication. It is always advisable to consult your union steward for specific guidance. Remember, merely smelling of alcohol doesn't equate to a valid reason for termination. Your union and legal counsel can help you navigate this situation.

Employer Policies and Procedures

Many companies have policies against the use of alcohol and other substances, particularly those that affect job performance. These policies can be used to justify termination if an employee's performance is compromised. However, to ensure fairness, employers typically require objective evidence to make a termination decision. This evidence may include:

Observation of impairment during work Sips or traces of alcohol on the breath Symptoms or behavior indicative of drug use

Employers may also use an employee health center or other medical tests to confirm intoxication. If there is a serious on-the-job injury, an employee health center can help determine the extent of intoxication and obtain a blood or urine test. The results can be factual but still appealable, depending on the union contract.

Employer Actions and Employee Rights

When an employee is suspected of intoxication, the employer typically requires the employee to take a blood or urine test at their expense. If the employee admits to substance use or the test confirms intoxication, the employee may be suspended pending an investigation or appeal. If the evidence is compelling, the employee may face termination. Some employers may choose to offer treatment rather than immediate termination, especially for long-term and productive employees.

Here are steps you can take if you find yourself in a similar situation:

Consult your union steward to understand your rights and your union contract. Contact an employment lawyer to discuss your options and protect your rights. Stay calm and cooperative during any investigation or interview.

Conclusion

Smelling like alcohol is not a sufficient reason for termination without further evidence of impairment. Employers must follow established policies and procedures to ensure fairness and legality. Union involvement and legal consultation can be crucial in navigating such situations. Understanding your rights and the policies of your employer can help you protect yourself in these delicate situations.