Case Study - “Drug and Alcohol Problem”

Author :Channagiri

The Incident

A female employee, who had been sent home for being under the influence, struck her manager on the side of the head with a board, pulled out a knife, and threatened to cause bodily harm. 


Investigation

On Friday, a female employee was sent home by her supervisor because she appeared to be intoxicated. The female employee returned to work on Monday and walked into the manager’s office and proclaimed that she was drunk and asked what he was going to do about it. The female picked up a board off the manager’s desk and struck him on the side of his head. She then pulled out her knife and threatened to cause him bodily harm. The manager was able to escape from his office. As he ran down the corridor, the female was in close pursuit, waving the knife in the air, and screaming unintelligible utterances. As the manager passed a set of double metal doors, he stopped, closed the doors, held them closed with his foot, and called out for help. While waiting for the police to arrive, the female employee continually jabbed the knife blade through the crack in the doors in an attempt to cut the manager. The police arrived and arrested the female employee.

During the court hearing and her appeal for wrongful dismissal, the employee admitted to being addicted to illegal drugs and to being an alcoholic. She claimed that her father had sexually abused her as a child. The female’s representative also claimed that the inappropriate behavior by her supervisor and manager, combined with the illegal drug and alcohol abuse, caused her to flashback to her childhood, resulting in her violent behavior. The expert witnesses supported this concept and the judge ordered the company to reinstate the female to her original position. A sexual harassment case was opened against the manager, who left his position. The case is under appeal.

Conclusion

Legal experts say that once the employee declares that she is an alcoholic and asks for help, she falls into a protected class under the Americans with Disabilities Act and must be treated as such.


Items for Consideration

  1.  When employees are told they cannot work because it appears that they are under the influence of alcohol or an illegal substance, the company should not let them drive by themselves. The company should arrange for a family member or friend to pick them up or have a taxi take them home. If the employee is involved in an accident after being sent home, there may be significant legal issues raised.
  2. Supervisors and managers who believe an employee may become violent should use a conference room or keep objects that can be used as weapons off their desks or behind them.
  3. Behavioral psychologists indicate that many times a person’s outward behavior is their way of asking for help. Supervisors and managers need to understand their role and responsibilities when handling such cases. Legal experts indicate that an employee must declare they are an alcoholic or have a condition that falls into one of the protected classes under the Americans with Disabilities Act prior to the commission of the crime or violation of company policy in order to be protected under ADA.
  4. The Threat Assessment Team should get involved in the early stages, even after an incident has occurred, to provide the necessary advice.





Practice Exercises

“Helping Mary”


Mary is a coworker in your agency. She has been a valuable employee to your group and one of the most respected experts in her field. You notice lately, though, that she is more reserved and is absent quite a bit. You hear her quietly crying or having a fight with someone on the phone frequently. She is a bit jumpy while she is at work, always looking over her shoulder when she goes somewhere.

You ask her to lunch one day and voice your concern. Mary says she is having some problems at home but that they are is nothing to worry about; she can handle them herself. Several weeks later you notice that Mary’s fear has escalated. She rarely leaves the building. When she must leave, she moves quickly, always covering her face. She works erratic hours. Her fear is really beginning to affect everyone at work. You are all concerned for her but don’t know what is going on. You begin to wonder if there is a real danger, both to Mary and to the rest of you who work with her.

THINGS TO THINK ABOUT:

  1. Do you believe this is a situation that requires further action on your part? Why or why not?
  2. What are the appropriate interventions in this situation? Think about those things that you and the other coworkers can do, what Mary’s supervisor can do, what security staff can do, and what any other agency staff can do.
  3. Are there other protections that should be considered for Mary and her coworkers? 

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