Is an employer required to take disciplinary action against an employee who is found to be using intravenous drugs on the premises during work hours?

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Is an employer required to take disciplinary action against an employee who is found to be using intravenous drugs on the premises during work hours?

My wife works at a place where this happened recently and I’m concerned for her safety if the employee is not terminated.

Asked on January 5, 2016 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the law does not require disciplinary action for drug use or, indeed, any on-worksite crime. It can be foolish for the employer to not take action, since if they are aware of criminal or antisocial behavior or substance abuse which could lead to harm or injury but nonetheless fail to take action to protect their other employees, they could be liable for any injuries, thefts, etc.; but if they are willing to take that risk, that is their choice, and the law lets them do this.


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