Author: Laurie Grenya

Client: I think one of my employees may have been drinking before coming to work. They seemed off—slurred words, unsteady, not their usual self. What do I do without jumping to conclusions?

Consultant: You’re right to pause before acting. Suspicions need to be handled carefully—both to protect safety and to avoid unfair assumptions. The key is to focus on observable behaviors, not personal judgments.

Client: So I shouldn’t ask them directly, ‘Have you been drinking?’

Consultant: Correct. That’s an accusation, and if you’re wrong, you risk damaging trust. Instead, document the behaviors you notice. For example: “I observed that you were unsteady on your feet and your speech was slurred during the morning meeting.” This frames the issue in terms of workplace impact.

Client: What if they’re actually dealing with a medical issue, not alcohol?

Consultant: Exactly why you stick to behaviors. If it’s alcohol, they’ll understand what you’re referring to. If it’s medical, they may disclose that—or you can shift into an accommodation conversation. Either way, you’re on safe ground.

Client: What should I do in the moment, if I think they’re impaired at work?

Consultant: Safety first. If the job involves driving, machinery, or anything that could put others at risk, remove them from duty immediately. Have a witness present when you speak to them. You might say:
“I’ve noticed behaviors that raise concern about your ability to work safely today. For your safety and the safety of others, I need you to stop work while we sort this out.”

Client: Do I send them home?

Consultant: Only if it’s safe. Never let someone you suspect is under the influence drive themselves home. Arrange a ride, call a family member, or use a rideshare service on the company’s dime. Document everything—what you observed, what steps you took, and who was present.

Client: What about drug or alcohol testing? Can I require that?

Consultant: That depends on your policy and state law. Many employers have reasonable-suspicion testing policies, and those need to be written, communicated, and applied consistently. If you don’t have one, this is a good time to create one for the future. In the meantime, rely on documented behaviors and safety protocols.

Client: What if the employee admits to drinking? Do I fire them?

Consultant: Not necessarily. Response should align with your policy, the seriousness of the situation, and whether this is a first occurrence. Options range from a formal warning and required Employee Assistance Program referral, to suspension, or—if safety was severely compromised—termination. Consistency is key: handle it the same way you would for any employee in the same situation. Never terminate in the moment.

Client: What if this keeps happening?

Consultant: Then it shifts from a one-time incident to a performance or conduct issue. Document each occurrence, follow your progressive discipline process, and, if necessary, take stronger action. At the same time, provide resources like EAP or treatment program referrals if you have them.

Client: So, I should stay focused on behaviors, protect safety, and follow policy?

Consultant: Exactly. You don’t need to play detective or diagnose. Your role is to ensure the workplace is safe, document concerns, and apply consistent policies.

Client: This makes sense, but it still feels uncomfortable.

Consultant: It always will—no one enjoys these conversations. And that’s why preparation matters. Write down your talking points, keep it brief, and remember: your role is to address the impact on work and safety, not the employee’s personal life.

If you’d like, we can help you draft a reasonable-suspicion checklist, train your supervisors on how to handle these situations, and review your policies for compliance. That way, the next time this comes up, you’ll feel confident in both the process and the outcome.

Client: I’ve got an employee who keeps coming to work sick. They say they don’t want to use their leave, but it’s putting the rest of the team at risk. What do I do?

Consultant: This is a tricky and important one. First, in Oregon, you’re required to provide sick time—up to 40 hours per year. If you have 10 or more employees (or six or more in Portland), that time has to be paid. Employees are entitled to use it when they’re sick, and you can’t retaliate against them for doing so.

Client: So, if they don’t want to use their sick time, I can’t make them stay home?

Consultant: You actually can send them home if they’re visibly ill and potentially contagious. Safety of the workplace is a legitimate concern. The difference is you can’t punish them for using sick leave, and you need to follow your policy for when leave is paid or unpaid. In Oregon, sick leave must be protected, and employees must be allowed to use it for their own illness, caring for family, or even public health emergencies.

Client: What about other states? I’ve got staff outside Oregon too.

Consultant: Good point. State laws vary widely. For example:

• Washington also requires paid sick leave for all employees, with no minimum company size.
• California recently expanded its sick leave law to at least 40 hours, and some cities require more.
• Idaho doesn’t mandate paid sick leave at all—it’s up to the employer’s policy.

This means if you’re multistate, you need to align with the most generous requirement in each location or create a universal policy that meets all of them.

Client: So, what do I say to the employee who insists on coming in?

Consultant: Keep it direct and policy-based, not personal.

Try this:
“I appreciate your dedication in wanting to be here, and at the same time, working while sick puts others at risk. Our policy requires you to use sick leave when you’re ill. Let’s make sure you take the time you need to recover.”

Client: What if they say they can’t afford to take time off?

Consultant: That’s common. Remind them that in Oregon, their sick time is protected and—depending on your size—paid. If they’ve used all their sick leave, you can explore options like vacation, PTO, or even unpaid leave. Some organizations also allow remote work if the employee is well enough to perform duties but contagious.

Client: And if they keep ignoring the policy?

Consultant: Then it shifts from being a health concern to a performance or policy compliance issue. Document your conversations, remind them of their obligations, and if needed, move into corrective action. Just be sure to separate your enforcement of workplace safety from any perception that you’re penalizing them for being sick, which could be viewed as retaliation.

Client: So, the key is to balance compliance with state laws, protect the workplace, and set clear expectations?

Consultant: Exactly. Reinforce that sick leave exists for a reason, apply your policy consistently, and always check state-specific requirements. It protects your team’s health and keeps your organization on the right side of the law.

And if you ever need help aligning policies across multiple states, clarifying your sick leave procedures, or structuring those not-so-fun conversations, we’re here to support you.

Client: I’ve noticed one of my employees keeps skipping their lunch break and then leaving early. It’s against our policy, and I’m not sure how to address it without seeming petty.

Consultant: You’re right to pay attention. Breaks aren’t optional—they’re built into labor laws and company policies. Allowing someone to skip them and leave early creates compliance risks and morale issues.

Client: But if they’re still finishing their work, why should I care?

Consultant: Two reasons:

1. Legal compliance – In many states, meal breaks are required, and organizations can be held accountable if employees skip them.
2. Fairness – Other employees will notice, and soon you’ll have a line of people saying, “If they get to leave early, why can’t I?” That’s a recipe for resentment.

Client: What if they argue they don’t want a lunch break? They say it just slows them down.

Consultant: That may be their preference, and it’s not their decision.

You might say:
“I get that you’d rather power through, and our policy requires you to take your scheduled break. It protects you from burnout and keeps us compliant with labor laws. If you want to adjust your schedule, we’d need to look at that formally—not just skip breaks.”

Client: I can already hear them saying, ‘But everyone else leaves early sometimes.’ What do I do then?

Consultant: That’s a common dodge. Stay focused on this employee’s behavior rather than comparisons.

 You could respond with:
“Our policy applies to everyone. If you’re seeing something that looks inconsistent, let me know and I’ll address it. For now, I need you to take your break and stay until the end of your shift.”

Client: Okay, but what if they frame it as doing the company a favor? Like, ‘I’m saving you overtime by leaving early.’

Consultant: That’s a clever spin, and it might even feel tempting to accept. Don’t.

You could say:
“I appreciate your efficiency, and the expectation is that your full schedule is worked. Leaving early isn’t the way to save costs—we need consistency across the team. If you have ideas for improving efficiency, I’m open to hearing them.”

Client: What if they just keep doing it anyway?

Consultant: That’s when it shifts from coaching to compliance. Document your conversations. If it continues, escalate using your progressive discipline steps. Make it clear this isn’t about preference—it’s about workplace rules.

Client: So basically, I need to address it directly, not let it slide, and treat it as a policy issue if it doesn’t change?

Consultant: Exactly. Breaks aren’t just a suggestion. Skipping them undermines compliance, consistency, and trust within the team. A clear conversation now saves bigger headaches later.

And if you’d like, we can help you review your break and scheduling policies, train supervisors on how to spot and address these issues early, and make sure your practices are fully compliant with your state’s labor laws. That way you’ve got both the consistency and the legal protection you need.

Client: Is it ever appropriate to terminate an employee over the phone or via email?

Consultant: In almost every case—no. Termination is one of the most significant moments in the employment relationship, and it deserves the dignity of a direct conversation. Firing someone by phone or email feels cold, can come across as disrespectful, and can leave the organization open to unnecessary risk.

Client: So, never? What about special circumstances?

Consultant: There are rare exceptions—like if the employee is fully remote in another state, poses a safety risk by coming onsite, or has essentially abandoned the job and won’t respond otherwise. Even then, a video call is better than phone, and phone is better than email. Written notice should only confirm what’s already been discussed.

Client: What if the employee is actively avoiding the meeting? We’ve scheduled two times, and both were ‘missed.’ I can tell they know what’s coming.

Consultant: That’s actually pretty common. No one wants to sit through their own termination. Still, you shouldn’t default to email just because they’re dodging you. Instead, document your attempts to meet, then deliver the message by phone or video if they continue to avoid showing up.

You might say when you finally reach them:
“We’ve tried to schedule a meeting and haven’t been able to connect, so I want to make sure we talk today. Unfortunately, this conversation is about ending your employment. I’ll explain the details and follow up in writing as well.”

That way you’ve made a good-faith effort to handle it with professionalism.

Client: What if they just won’t answer at all?

Consultant: At that point, you still document your outreach attempts—calls, emails, calendar invites. After multiple good-faith efforts, you can send the termination notice in writing, but make it clear that this follows prior attempts to connect. Keep the message simple:
“We attempted to reach you by phone on [dates] to discuss your employment status. As of [effective date], your employment with [Company] has ended. Attached are the details regarding your final paycheck and benefits.”

That way, you’ve preserved professionalism and a record of your efforts.

Client: If I do get them on the phone or video, how do I handle it without making it worse?

Consultant: Keep it short, clear, and respectful. Don’t debate. Don’t drag it out. Have a witness on the call if possible. And always follow up with written documentation.

You might say:
“This isn’t an easy conversation. After reviewing the situation, today will be your last day with the company. I want to thank you for your contributions, and I’ll walk you through your final pay and benefits.”

Client: What if they get angry or try to argue?

Consultant: Stay calm, don’t match their tone, and redirect back to logistics.
If they push, you can say:
“I understand this is difficult news. The decision is final, and I want to focus on making this transition as smooth as possible for you.”

Client: So, the key is to avoid email-only terminations, make every effort for a conversation, and document if they won’t cooperate?

Consultant: Exactly. Terminations should always be handled with dignity, fairness, and a clear record. In-person is best, video or phone is acceptable if necessary, and email alone should only ever be a last-ditch confirmation, never the main event.