If you relplying to me. I am the boss. I am the director.
So whose above you? the board of directors? the town administrator? I'm glad you think you're the boss, but in my experience, everyone (even the boss) has a boss. You might be the director (in fact, I'll even stipulate that you are), but that doesn't mean there isn't a person or a group of people who can terminate your employment for cause. I mean, your the director, not dictator....
BTW, my CEO (I know work for a non-profit in corporate america) oversees approximately 5,000 people. He is the president of our organization. And even he answers to the Board of Directors, who are elected to their positions from our membership. So it's not just you, everyone has a boss, even the people at the top.
You have responded to 2 of my posts on this forum in a very hostile way.
You know I had to look up what the other post was. The reason I was "hostile," as you describe it, was because you gave bad advice and came across as as jack***. I explained why you were incorrect. Sorry your feelings were hurt; I would think a Director would be ok with people explaining to them why they were wrong. But again, some people have thin skin. I actually figured you read my response and realized why you were wrong, and didn't give it another thought.
Our personal guidelines... there is really no such thing as regulations. Our guidelines and our attorney would recommend that we ask the employee to resign.
We have actually dealt with this issue already.
sounds like good guidance.... but I need to ask, why should the employee resign? Is there any benefit to the employee at all, or is it all for the benefit of the employer?
In California you must offer an employee assistance program.
In order to get a termination with cause on good footing the employee needs three discipline actions in the employee file.
Most employees are not aware of this but we have been in administrative court over this same issue.
California D..of Economic Security will take the employees side and pay unemployment benefits to the employee. This event is enough to have a wrongfull termination cause of action brought to the employer by employees attorney. ( Attorneys in California are like mosquitoes in Florida) so.... the employee needs nothing to get an attorney.
If I'm working for you, and you catch me under the influence, you aren't going to fire me (your words, not mine). and even if you did fire me, I can have a case for wrongful termination (again, your words, not mine). So if you ask me to to resign, I'm going to tell you to bite my ***. There is literally no reason anyone should do this, other than to make your job easier, because you are intimidating them into doing what you can't legally do.
And i'm sure you (and others) have done this to the ignorant, taken advantage of the fact that they don't know any better. This is why there needs to be unions in EMS, to prevent this type of action from occuring.
So...if one of our employees test positve.( and police, Fire , and BP all have the same EOP as we have and we follow the guilelines they recommend.
The employee is referred to the EOP and must complete a program before returning to work.
It some cases they can demand light duty. Especially if they have an attorney.
If they do not complete the rehab program
Then they are at strike three as strike one is failure of the drug test
Strike 2 was conditional upon EOP plan
This is any business best business practice to avoid litagation.
The mandatory reporting to EMS is another issue
As far as I have been told we are not under a duty to report. Without a criminal action that was part of the drug issue.
Damn, I'm moving to california, and going to start smoking weed and drinking more. and i might even take a few hits from my bong to make the job go better. or finish that beer before I walk into work. It's not a terminable offense; in fact, I might even be able to get assigned light duty instead of being on the ambulance (same amount of pay, with less work; win/win!!). Of course that's all sarcasm; I couldn't handle the west coast for anything more than a short visit
We used to have Employee Assistance plans where I worked. the rule was, if you went to EAP requesting assistance with an addiction, they would work with you, because you wanted to get help.
If they caught you under the influence, than the EAP option was off the table, and you were more than likely terminated for showing up to work under the influence.
