How to Carefully Address Alcoholism in the Workplace

Whenever a new employee starts a job, personnel managers privately hope they’ve adequately screened the person. Hiring workers has become a much more complex task now that so many qualified professionals move freely between long-term positions, the “gig economy” and periods of self-employment.

Finding productive employees is also hard because many people who suffer from alcoholism or “alcohol use disorders” have learned various ways to try and hide their problems.

What exactly is alcoholism or “alcohol use disorder?”

The Mayo Clinic website states that people who experience “repeated significant stress and problems functioning” in their daily life due to drinking, usually suffer from alcohol use disorder.

Those attempting to cope with this daily disorder also struggle with increased drinking in hopes of obtaining the same “high” that helps them escape their emotional pain. Over time, many alcoholics find it hard to even quit thinking about alcohol. Still others stay busy with “binge drinking” spells — or the physical and psychological problems that occur during withdrawal.

Some larger companies have employee assistance programs that can readily offer counseling and other services to workers struggling with addictions and other psychological problems. However, there will always be many workers who remain in denial about their critical drinking problems — and small businesses who simply cannot afford to provide a wide array of special services to their workers.

What follows is a brief review of American alcohol abuse statistics, a list of signs that workers may have drinking problems – and a look at how employers can try to reach out and help employees with apparent alcohol use disorders.

What statistics tell us about alcohol abuse in America

  • Well over 12 million adults struggle with alcoholism. In fact, one 2018 study revealed that 14.4 million adults (at least 18 years of age or older) were battling alcohol use disorder (AUD). Approximately 9.2 million of these individuals were men and 4.1 percent were women.
  • Heavy use and binge drinking are also common. This same 2018 study noted that when adults age 18 or older were asked about their drinking during the prior month, 6.6 percent of them said they were heavy drinkers. And 26.45 percent of them admitted to binge drinking during the past 30 days.
  • Every year, about 88,000 people die of alcohol-related causes.

As these statistics indicate, every business surely has more than a few problem drinkers. And experts estimate that lost productively due to alcoholism can cost American employers between $33 billion and $68 billion each year.

Common signs that employees may have drinking problems affecting their work

  • Repeated, unexplained absences from work
  • Ongoing tardiness
  • Frequent use of sick leave
  • Too many absences occurring the day after payday – or a pattern of taking too many three-day weekends
  • Falling asleep on the job
  • Moody behavior and difficulty getting along with other employees
  • Bloodshot eyes, an unsteady gait – and the faint smell of alcohol
  • Claims of too many sudden “emergencies” during relatively short timeframes
  • A steady stream of assignments finished late
  • Incomplete assignments or clear signs of inadequate effort
  • Ongoing problems with meeting assigned sales or other quotas

How should employers address one or more of these problem behaviors?

  1. You will need to schedule a private meeting with the employee. Prior to this meeting, you should review all recent employee work evaluations and privately talk with the person’s supervisor (who may also want to attend the meeting). Be sure to take notes. Also, make it clear that you’ll be checking back with the employee at a later (specific) date to see if their work and/or attendance record is improving.
  2. If your company has an EAP (employee assistance program), meet with your personal representative of that program prior to the meeting referenced above. It may be necessary to schedule some type of intervention with the employee, after that person is given ample notice of the meeting. This event (which should probably be managed by your EAP contact) can include the person’s workplace supervisor, spouse, clergy or other family members. All who attend must indicate that they’re simply trying to help the person improve their health and keep their job.
  3. In some cases, you are likely to meet up with an employee’s denial. If so, you must still make a referral to your EAP — or remind the person to obtain this type of outside help on his or her own if your company doesn’t provide EAP resources. You must also clearly state that if one or two more unexplained absences (or poor work performance reports) are received, the employee will be terminated. Be sure to have at least one other company official present during such meetings and keep detailed, confidential notes.
  4. You must be prepared to tell an employee who appears to be intoxicated at work to stop working immediately. This is especially true if the person is driving a work vehicle or handling potentially dangerous equipment. You may also have want them to take an evidentiary breath testing (EBT) device.

Employers should avoid taking the following steps when alcoholism may be present

  • Covering up for an employee with a drinking problem
  • Loaning money to the person with alcoholism
  • Helping the tardy employee make up assignments later, instead of disciplining him/her
  • Requiring co-workers to complete the apparent alcoholic’s assigned work
  • Allow a spouse to call in absences for the employee

Hopefully, the problem drinker will respond to your outreach efforts, agree to a temporary term of leave and then follow-up care. If all goes well, this person will then be able to carry a normal workload again. While this is always a very difficult problem to handle, it’s important to remember that those who do recover from an alcohol abuse disorder may one day become your most loyal employees, grateful that you gave them a chance to fully address their problems.

Please feel free to contact one of our Murray Lobb attorneys when you need help deciding how to respond to this type of employment law issue. Our office also remains available to help you draft any contracts or other documents you may need while running your business.

Employees Deserve a Workplace Free of Politics, Discrimination & Harassment

Most Americans are aware that many people now publicly share strong political opinions that can hurt or insult others. While we each can decide how to handle this problem in our private lives, employers face far greater challenges. Their need and right to create a highly productive and politically neutral workplace must be carefully balanced against legitimate free speech concerns, applicable state laws and the governing provisions of the NLRA (National Labor Relations Act).

Carefully developing a company policy that protects the legal rights of all concerned takes considerable planning and input from experts. Should errors be made and employees sue their employers claiming a hostile work environment has developed, the courts will have to weigh the presented evidence and decide if any damages are owed.

Balancing the right to control worker productivity with First Amendment rights

Since employee free speech rights in most workplace settings are not absolute, political neutrality must be maintained and enforced in a highly consistent manner. Simple complaint procedures must be created and employees at all levels properly disciplined when actionable abuse has occurred. Courts may have to decide whether an office atmosphere became so severe that aggrieved employees not only had the right to sue – but should be awarded financial damages.

Here’s an overview of the key topics you must address in an office policy that seeks to maintain a workplace free of harassment and discrimination based on political views. Company owners should speak with their Houston employment law attorneys about how they can create this type of policy — while still paying proper legal respect to the rights of all parties concerned.

Key points to cover in an office policy designed to limit conflicts over political speech

  • Public and private employers. Your policy must clearly reflect whether your employees are working for a private employer or some type of public or government entity;
  • Abide by the NLRA. You must make it clear that any limitations you place on “political discussions” in the workplace are in full keeping with the language and intentions of the National Labor Relations Act (NLRA). After all, there are instances both during and after work hours when some employees may have a legally protected right to discuss certain aspects of their jobs with their co-workers;
  • All employees must be covered by the policy. Indicate that all supervisory personnel will also be required to greatly limit their own discussions or expression of questionable free speech topics related to politics;
  • Provide time for discussion of the policy. This might occur during all future new employee orientation programs – or when privately meeting with each new worker in your human resource manager’s office. It would be wise to consider having each current or new employee sign a form indicating they’ve been given a chance to read over the policy and ask questions about it. Be prepared to explain that the wearing of certain types of political buttons and T-shirts at work will not be allowed;
  • Make it clear that you will respect employee needs for time to vote. You can encourage workers who won’t have time to stand in lines before or after their work hours to tell you in advance of their needs (if certain positions must be covered in their absence). However, you should try and remain as flexible as possible regarding this type of request;
  • Indicate your awareness that some employees may choose to run for public office. Should this occur, privately ask any such employee to avoid discussing a run for any non-union office during work time. However, you should acknowledge your full awareness of the person’s right to pursue this type of activity on their own time;
  • Consider revamping your overall policy against workplace harassment and discrimination. You might want to ask your lawyer to either redraft this type of policy or carefully add new provisions to it that clearly forbid workplace harassment, discrimination or retaliation based on any worker’s real (or imagined) political affiliations. This approach might help you avoid the false impression that you are attempting to place a “chill” on employee free speech rights – when you’re simply trying to extend new protections you believe are owed to all workers.

While this list is not intended to be comprehensive, it should provide you with a better idea of how important it is for you and your entire workforce to have a policy in place that addresses these crucial topics. We all deserve to work in an office that’s as politically neutral as possible so we can do our best work.

Our Murray Lobb attorneys are available to help you draft policies like this one — or any of the many contracts and other documents you need to daily run your business. We’re also available to provide legal advice on many general business, employment law or estate planning topics.

Think Twice Before Hiring Close Family Members & Friends

Creating a positive work environment always requires careful planning. Everyone must feel equally valued to do their best work. While it can be tempting to hire a close family member or friend who’s highly qualified, you must carefully consider how well the new person might fit in with your current employees.

Fortunately, there are some steps you can take to minimize potential problems. However, before making this type of choice, you should always confer with your business partners and hiring manager about the types of risks set forth below.

Unexpected employee jealousies & tensions can lower workplace morale

  • Current employees may fear they’ll never be given a fair chance again to compete for choice assignments and promotions once the new person comes on board;
  • Many or most of your conversations with this new individual may cause others to fear that their competing opinions will cease to matter or be respected;
  • Employee morale may suffer if your family member or friend is granted any special privileges regarding work hours, early promotions or salary;
  • Your new hire must be prepared to receive the “cold shoulder” from others. He or she must be prepared to avoid reacting in an angry or defensive manner;
  • Regular chains of command should be honored so that even your friend or family member must remain open to job performance feedback from other employees.

Ways you can try to minimize problems and help your family member or friend succeed

  • Openly discuss this hiring possibility with any equal partners in the business, as well as your hiring manager. If any of these people have serious misgivings, always consider hiring a well-qualified newcomer instead. If you’re the company’s only higher-level boss, talk about this hiring idea with another close family member or friend who will confidentially let you know if you’re being reasonably objective;
  • Plan on introducing the new person in a staff meeting, clearly noting who he or she will work with on a regular basis. Also, note that the new person is eager to obtain helpful advice from all those already onboard;
  • Have a private meeting before hiring the person, explaining the fact that the two of you must exercise strong boundaries at work each day. Topics only important to the two of you concerning family members or other friends should only be discussed during non-work hours to minimize conflicts;
  • Require your family member or close friend to sign a binding work contract if all others had to sign one when hired. If no written contracts are being used, make sure this person knows that they’ve been hired for a set trial period, especially if this holds true for all other employees. Clearly explain how you’ll need to end the work relationship if too many special privileges are requested — or sub-standard work is turned in;
  • Provide early and regular feedback to your family member or regarding their work. Let this person know that you’ll probably need to let the regular supervisor also offer constructive criticism;
  • Do not tolerate any special requests that go beyond what you grant to other employees. This type of activity will undermine your good relationships with other staff members.
  • Be realistically prepared to fire this person– sooner rather than later – if others are having to do extra work since your family member or friend isn’t working hard enough.

Fortunately, carefully chosen family members and friends will try hard to succeed if you insist they treat everyone else with respect.  Just remember to remain open to what other employees may tell you about the quality of the new person’s work – and do all you can to help your friend or family member stay open to suggestions for improvement.

Please feel free to contact one of our Murray Lobb attorneys regarding any questions you may have about both routine and complicated employee management issues. We’ve had the opportunity to provide useful legal guidance to businesses of all sizes for many years now.