Identification Mistakes
Wrongly Accusing Employees of Alcohol or Drug Use
How to Avoid Making Reasonable Suspicion Identification Mistakes
The area of reasonable suspicion in the workplace can be complicated for supervisors.
How do you uphold company policy without making reasonable suspicion identification mistakes that lead to a lawsuit? The key to proper behavior in reasonable suspicion cases is to leave behind the idea of ‘going with your gut’, or of ‘playing a hunch’. In reasonable suspicion cases it is not enough to have a hunch. Although you do not have to have ‘proof’ before requiring a drug or alcohol test, you must have documentation of performance related issues connected to the suspicion of the employee.
The employee’s performance is the issue at the heart of the situation. If there is no indication of diminished performance, no episodes of tardiness or unreliability, or no abusive or inappropriate behavior towards co-workers then it does not matter if you smelled alcohol on their breath, or heard a rumor that they took lunch in a local bar. The key to workplace drug and alcohol policy is that it is about work. If the employee continues to perform in an acceptable manner, and is continuing to be a valuable member of your work force, then simply keep your suspicion to yourself. The fact is, there is no such thing as a ‘functional drunk’ or a drug addict that does not decline. If your employee is abusing alcohol or drugs it will eventually show in the work. Wait until it does to avoid making a reasonable suspicion identification mistake.
When the suspected substance abuse is impacting the employee’s work, however, it is another thing entirely. To avoid making a reasonable suspicion identification mistake that leads to a lawsuit you will need to carefully document occurrences of erratic behavior, poor performance or attendance issues. In addition, don’t be too hasty. Regular inappropriate actions are quite a different story than a singular instance. The last thing you want to do is challenge an employee only to learn that they received devastating personal news over their lunch hour and were going to ask for personal leave as soon as they pulled themselves together.
Adequate supervisor training is the key to helping your managers and supervisors understand how to identify reasonable suspicion situations and deal with them effectively. When all supervisors in your company are effectively trained in company policy and how to uphold it, you will avoid critical reasonable suspicion identification mistakes and the attendant lawsuits.
