If Iam employinga manager that has been under the influence of drugs, how can I fire them?

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If Iam employinga manager that has been under the influence of drugs, how can I fire them?

I am a small business owner. How can I legally get rid of this employee without having any repercussions? I have a sworn statement from another employee who found drugs at the job site and the manager claimed them from the other employee. I have numerous phone calls made to a known drug dealer on her company phone. I would like to get rid of this employee as quickly as possible before the problem escalates to other employees who are recovering.

Asked on August 14, 2010 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally employees are employees "at-will" meaning that you can fire them for any reason or no reason, as long as it is not discriminatory. Does the employee have a contract of some sort? If they do then they are most likely in violation anyway.  You may want to contact  your state department of labor and ask for an advisory opinion as to how to document the employee's file in order to stave off a claim of discrimination or retaliation.  This way you are ready to respond to any accusations made.  It does not protect you from a suit but it prepares you to defend your actions. Good luck.


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