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OT: One of my workers brought crystal meth...


Dante

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... into my shop. Im the production manager of a tee shirt shop here in the bay area. One of my workers, whom we have suspected of being on something, admited to owning a little bag of crystals that was found by one of my other employees. She has been with the company for only 6 months and according to the California labour law book we have, this can result in termination. Im not sure of the exact wording. My first reaction was one of compassion but after I thought about it for a couple days it turned to anger. How anyone could bring that crap into our shop infuriates me. It's kinda dangerous for someone that charged up to be in a production shop. We sent her home and then told her to take a drug test. She did and the test came back negative. However, on the day this came out(monday), im sure she wasnt using. This leaves at least the weekend for the stuff to get out of her system. I did a little research online and found a site that said the drug stayed in your system for 48hrs. Not sure if this is true or not but if thats so, the drug test is absolutely useless. Personally, I want her out of my shop. Its not safe and if we were to let her stay because of the passed drug test it would send a "anything goes" message to the rest of the shop. Am I correct in thinking this? Im asking here because there is a pretty good cross section of people and most seem pretty intelligent.

Thanks

 

Sam

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... into my shop. Im the production manager of a tee shirt shop here in the bay area. One of my workers, whom we have suspected of being on something, admited to owning a little bag of crystals that was found by one of my other employees. She has been with the company for only 6 months and according to the California labour law book we have, this can result in termination. Im not sure of the exact wording. My first reaction was one of compassion but after I thought about it for a couple days it turned to anger. How anyone could bring that crap into our shop infuriates me. It's kinda dangerous for someone that charged up to be in production shop. We sent her home and then told her to take a drug test. She did and the test came back negative. However, on the day this came out(monday), im sure she wasnt using. This leaves at least  the weekend  for the stuff to get out of her system. I did a little research online and found a site that said the drug stayed in your system for 48hrs. Not sure if this is true or not but if thats so the drug test is absolutely useless. Personally, I want her out of my shop. Its not safe and if we were to let her stay because of the passed drug test it would send a "anything goes" message to the rest of the shop. Am I correct in thinking this? Im asking here because there is a pretty good cross section of people and most seem pretty intelligent.

Thanks

 

Sam

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Possessing a known narcotic should be grounds for termination. I would have called the cops. Then my company Lawer

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My opinion, they brough an illegal substance onto company property. If the law there allows you to fire them, and you want to, then do it. Otherwise, start doing surprise drug tests on the employee more often. Just make sure you're following the law.

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Ice: We did file a police report so they know.

 

aussiew: Yes we do have a employee handbook and it does state a zero tolerance policy for drugs.

 

Man its really hard to get and keep good people. Gets me down sometimes.

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... into my shop. Im the production manager of a tee shirt shop here in the bay area. One of my workers, whom we have suspected of being on something, admited to owning a little bag of crystals that was found by one of my other employees. She has been with the company for only 6 months and according to the California labour law book we have, this can result in termination. Im not sure of the exact wording. My first reaction was one of compassion but after I thought about it for a couple days it turned to anger. How anyone could bring that crap into our shop infuriates me. It's kinda dangerous for someone that charged up to be in production shop. We sent her home and then told her to take a drug test. She did and the test came back negative. However, on the day this came out(monday), im sure she wasnt using. This leaves at least  the weekend  for the stuff to get out of her system. I did a little research online and found a site that said the drug stayed in your system for 48hrs. Not sure if this is true or not but if thats so the drug test is absolutely useless. Personally, I want her out of my shop. Its not safe and if we were to let her stay because of the passed drug test it would send a "anything goes" message to the rest of the shop. Am I correct in thinking this? Im asking here because there is a pretty good cross section of people and most seem pretty intelligent.

Thanks

 

Sam

122847[/snapback]

 

Smartest answer you're going to get here is: you need to talk to your company's lawyer about this. In a rational society, you should be able to fire her on the spot...but we don't necessarily live in a rational society, and she may or may not have legal protections.

 

But this is a topic that's FAR beyond posting on a football board.

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Man its really hard to get and keep good people. Gets me down sometimes.

 

So true - especially in an area where people have a transient attitude and drugs have become such a commodity. However, if your handbook states zero tolerance, you'll have to follow it. Otherwise, you'll set a precedent with your employees that will come back later to kick you in the a$$. Good luck.

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If you have a employee handbook that clearly states that there is a zero tolerance policy regarding drugs in work place, I question how you would or will answer a management source higher why you did not terminate her.

Such decisions come with the territory. Many company offer such employee’s support options to help deal with their problem and it is this young ladies problem, it cannot be made the companies also.

The right course of action is to terminate her for having drugs in work place and offer a form of employee assistance whereby she could get help for her problem, if she avails herself to it is entirely up to her.

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In a rational society, you should be able to fire her on the spot...but we don't necessarily live in a rational society, and she may or may not have legal protections.

 

 

122870[/snapback]

 

He did say that the shop is in CA. Thus, it's highly probable that firing on the spot is impossible in that state without heavy legal advice.

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Smartest answer you're going to get here is: you need to talk to your company's lawyer about this.  In a rational society, you should be able to fire her on the spot...but we don't necessarily live in a rational society, and she may or may not have legal protections.

 

But this is a topic that's FAR beyond posting on a football board.

122870[/snapback]

 

We are FAR from a rational society when it comes to anything having to do with lawyers...

 

A lady at my wife's company was habitually late, leaving early, long lunches, etc... All performance reviews were horrible, and multiple attempts to provide a "plan" to improve her performance met with no success... The final straw was when they found her smoking pot in the stairwell at work (Did I mention she was 6 months pregnant?!)... Long story short - they fired her, then got sued for wrongful termination... As always, and you know they count on this, it was cheaper to settle than to fight it...

 

Don't assume anything... get your company lawyer to help plan anything you intend to do...

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