If an employee admits that he or she has been drinking while working, can we terminate that person?

Generally, yes. However, as with all decisions to terminate employment, employers will want to carefully think through the situation.

If a manager sees an employee who appears to be inebriated at work or encounters an employee who smells of alcohol, the manager should investigate to prevent an unsafe work environment and to address a possible policy violation. When a manager asks the employee about his or her condition, or simply observes the employee's condition, an employee may disclose alcohol use or an alcohol dependency.

If the situation is confined to a disclosure of use that violates company policy, the typical employee discipline established by the company can be followed. If the employee discloses an alcohol dependency, additional considerations may be given to the condition, although employee discipline can proceed.

Although alcoholism may be a disability under the Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC) guidance states that employers may prohibit employees from being under the influence of alcohol and illegal drugs in the workplace and employees who are alcohol dependent may be held to the same performance and behavior standards as those who are not dependent. The ADA does not prohibit employers from discharging employees who report to work under the influence of alcohol or illegal drugs.

SHRM has developed a toolkit on managing employees with addictions that may be helpful in determining the best course of action relative to dealing with an employee who is drinking on the job.