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By way of backdrop, it seems like that video was necessary after the recently approved, and now applied, permissible use of marijuana law. Yes, you heard it right! As an employer, what should you do if you need to discipline/terminate an employee who is actively inebriated but at the same time, want to avoid serious litigation? B a DOER!!

The Issue We Are Currently Facing and Why This Video Guide Was Necessary

On March 31, 2021, New York took its place among states that have passed the ‘permissible use’ of marijuana law. Essentially, the law, signed by Emperor Cuomo of New York, permits adults from 21 years and above to use and possess recreational marijuana up to three ounces of cannabis. It also allows people to grow a maximum of six mature and six immature plants in a household; although having a marijuana garden will be allowed one and a half years after sales begin.

It is a matter of fact that a significant percentage of home-growers and users will be employees. Yet, the number will continue growing, just like how everyone now suddenly “has” Irritable Bowel Syndrome (IBS) because it is easy to get a card. However, what happens when your employee comes to the workplace inebriated? Yes, you got it right, ‘high.’

The 5 Key Termination Steps without Fear/Risk of Litigation (The “B a DOER” Method)

Workplaces are governed by policies and rules. Thus, an employer might need to take disciplinary action against an employee who comes to the workplace inebriated. In situations where actual damages happen, the employer might be forced to terminate the employee. Wondering how to do it? You got to B a DOER to avoid serious litigation.

B – Build a Story

As the employer, you should be building a story of the entire career of your employee(s). Building a story includes, but not limited to keeping records of anything that happens with your employees, be it nice, bad, or ugly. This calls for employers to be observant. A good HR rep is always an observant HR rep. You only come to know the importance of record keeping and documentation when you face the law!

D – Document Heavily

This step is an amplification of the former. As you build an employee’s story, invest a lot in documentation. Collect data from your employees as long as it is permissible and within the law. Do they have a medical marijuana card? Document it! Is the employee coming in inebriated? Record that! How does he behave or act? Document that! What damages does he cause to your work? Keep a record of that! Documents will give you an upper hand in the face of the law.

O – Organize your Notes

Being organized is being smart. As an employer, make sure that your notes are explicitly organized for easy recall and prompt access. Generally speaking, people who are concerned with how well their notes are arranged and organized, will do significantly better when dealing with employment issues. The file will not only be built, not only will it tell a story, it will do so in an organized, easily recallable, and explainable manner by users. It gives no room for loopholes, lapses, and doubts.

E – Exhaust Options

In a country where employers are generally free to do at will with their employees, an employee termination is considered the “death sentence” of employment. It’s just like being sentenced to death – which is the end of life. In employment, being terminated is the “death” of your career there. In this case, as authoritative force in Employment and Labor Law, we suggest that unless it is an extremely egregious scenario, the employer should exhaust his/her options. Look for a bench, sit down, and discuss with your team what other options you might still have on the table. How feasible is it to accommodate the employee? Is there somewhere else you could place the employee such that you don’t have any further concerns or issues? For example, in the case of medicinal marijuana, you could move the employee to where he/she could work as a janitor, does not touch money/deal with finances or accounting, does not operate machinery, or away from children. The goal is to exhaust all your options prior to issuing that “death” sentence.

R – Real Leadership

Leadership; the elephant in the room! Leaders make decisions, even tough ones! Do not hesitate, noodle around, wiggle room, or, as they say, beat about the bush. If you think that there’s a problem and the employee should be terminated, then do it! Make that hard decision; that’s the power of a real leader. Irrespective of your personal feelings toward the person, whether or not you are okay with the decision to can the employee, or perhaps it will be an egregious problem, you need to take your place a real leader and decide. However, every decision should be made rationally and based on some articulate reason why it is the best course of action to take. Decisions could be, sometimes, painful and harmful, but also great and powerful.

It all culminates into B’ing a DOER. If you decide to be one, these 5 critical steps will help you avoid litigation in case you decide to terminate an employee. Well, most probably they will sue you. However, you’ll be in a better place if you follow these 5 steps.

Visit our YouTube Channel and explore the video more at https://www.youtube.com/watch?v=hvmBzx_1jZI

#Be-informed! You can’t afford to miss the next series. In the interim, if there are any questions or comments, please let us know at the Contact Us page!