Dante Posted November 18, 2004 Share Posted November 18, 2004 ... 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 Link to comment Share on other sites More sharing options...
ICE Posted November 18, 2004 Share Posted November 18, 2004 ... 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] Possessing a known narcotic should be grounds for termination. I would have called the cops. Then my company Lawer Link to comment Share on other sites More sharing options...
Just Jack Posted November 18, 2004 Share Posted November 18, 2004 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. Link to comment Share on other sites More sharing options...
aussiew Posted November 18, 2004 Share Posted November 18, 2004 Does your company have an employee handbook? Or any other document that talks about employee rules and regulations? Link to comment Share on other sites More sharing options...
MikeG Posted November 18, 2004 Share Posted November 18, 2004 get rid of her... especially if the law backs you up!! ICE has it right. Link to comment Share on other sites More sharing options...
Guest guester Posted November 18, 2004 Share Posted November 18, 2004 Possessing a known narcotic should be grounds for termination what about an unknown naracotic? Link to comment Share on other sites More sharing options...
Dante Posted November 18, 2004 Author Share Posted November 18, 2004 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. Link to comment Share on other sites More sharing options...
Thailog80 Posted November 18, 2004 Share Posted November 18, 2004 Do you really have to ask? Meth....in a shop that uses machinery? You have others safety to be concerned with. If you know about it and it directly causes an injury or worse......Lawsuits galore. Link to comment Share on other sites More sharing options...
DC Tom Posted November 18, 2004 Share Posted November 18, 2004 ... 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. Link to comment Share on other sites More sharing options...
aussiew Posted November 18, 2004 Share Posted November 18, 2004 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. Link to comment Share on other sites More sharing options...
millbank Posted November 18, 2004 Share Posted November 18, 2004 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. Link to comment Share on other sites More sharing options...
IDBillzFan Posted November 18, 2004 Share Posted November 18, 2004 Any chance it's the same stuff Bledsoe was using last Sunday night? Link to comment Share on other sites More sharing options...
Thailog80 Posted November 18, 2004 Share Posted November 18, 2004 Any chance it's the same stuff Bledsoe was using last Sunday night? 122897[/snapback] Drew was using a combination of crank and peyote with a chaser of 151. Link to comment Share on other sites More sharing options...
Captain America Posted November 18, 2004 Share Posted November 18, 2004 Consult with an attorney, and get rid of her.Set her up if you have to because your business in on the line and you stand to lose it. You say you filed a police report on the matter I would suggest you follow up on it.Do not wait on this matter. Link to comment Share on other sites More sharing options...
erynthered Posted November 18, 2004 Share Posted November 18, 2004 Drew was using a combination of crank and peyote with a chaser of 151. 122903[/snapback] Troy Brown sold it to him.............. Link to comment Share on other sites More sharing options...
GG Posted November 18, 2004 Share Posted November 18, 2004 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. Link to comment Share on other sites More sharing options...
Rico Posted November 18, 2004 Share Posted November 18, 2004 Aaaahhh, crystal meth... Damn, I miss those days. Link to comment Share on other sites More sharing options...
BuffFanInATL Posted November 18, 2004 Share Posted November 18, 2004 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... Link to comment Share on other sites More sharing options...
Alaska Darin Posted November 18, 2004 Share Posted November 18, 2004 Aaaahhh, crystal meth...Damn, I miss those days. 123032[/snapback] When you were on meth, did Drew still suck? Link to comment Share on other sites More sharing options...
Rico Posted November 18, 2004 Share Posted November 18, 2004 When you were on meth, did Drew still suck? 123076[/snapback] I'd have to research his performance in little league football. but my guess is yes, Drew probably sucked back then too. Link to comment Share on other sites More sharing options...
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