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Q: Can an employer discipline an employee who reports to work under the influence of drugs or alcohol, even though the actual usage occurred off the premises during non-work time?

A: Yes, assuming the employer can prove the employee was actually under the influence (impaired or hung over). Such proof is important because the states are increasingly passing laws that protect the off-the-job use of lawful substances such as alcohol.


New posters required for 2010 revised FMLA & ADAAA


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