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Trad, will you send me a DM.

Mar 11, 2020
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Have an HR related question that I don't want to get caught up in at work. I cannot send DMs, if you can send me a DM I would greatly appreciate it.
 
@Whiskeydeltadeltatango, my going rate for consultancy services is $69 per hour...

What if he got you this instead? Btw my negotiation fee’s are no charge to regular board posters.


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Ok, I'll just ask since Trad refuses pro Bono.

I'm in a situation where someone is going to be requested to take a drug test at one of the places I work. I'm involved because it was originally brought to my attention from someone else and then something got said to a higher up and my name was brought in for "knowing about it". Like i ever saw the person do drugs or dome shit, it was just said in passing. Basically a dude makes a shit ton of money but always has an excuse for being broke and it was brought to my attention they have a rather large drug habit. Not that I really care about what they do in their home but it's likely to cost someone their job.


Here are my questions for the group.

What trouble can I possibly get in, am I likely to go to court to speak on what I knew and when?

It was said to me by a 3rd party and while I assumed it was true I didn't have anything to back it so really didn't take it anywhere.


There is nothing in this person's employment about drug testing, can we even send them for a test?


How far in advance must the notice be given? At this point I think it's stupid because the dude has been fighting it almost 2 weeks so he could have cleared himself out by now.


Thanks Hort.
 
Ok, I'll just ask since Trad refuses pro Bono.

I'm in a situation where someone is going to be requested to take a drug test at one of the places I work. I'm involved because it was originally brought to my attention from someone else and then something got said to a higher up and my name was brought in for "knowing about it". Like i ever saw the person do drugs or dome shit, it was just said in passing. Basically a dude makes a shit ton of money but always has an excuse for being broke and it was brought to my attention they have a rather large drug habit. Not that I really care about what they do in their home but it's likely to cost someone their job.


Here are my questions for the group.

What trouble can I possibly get in, am I likely to go to court to speak on what I knew and when?

It was said to me by a 3rd party and while I assumed it was true I didn't have anything to back it so really didn't take it anywhere.


There is nothing in this person's employment about drug testing, can we even send them for a test?


How far in advance must the notice be given? At this point I think it's stupid because the dude has been fighting it almost 2 weeks so he could have cleared himself out by now.


Thanks Hort.
Does this person report to you?

If you dont manage this person, id assume you would be fine if you didnt witness anything and its based on 2nd hand information. However, Iowa is a right to work state so YMMV

Otherwise i would say:

Prepare to get f**ked if throwing you under a bus allows a higher up to save their ass.
 
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This does not involve you. I would just play dumb and say you don’t know anything if asked. You must have a bush league co-worker that is trying to bring the person down.
It's definitely a petty situation but the problem is about the money from what I can tell. We have to expense shit and then there is a refund sometimes and the person is ALWAYS broke and talking a out money, though they have a pretty high paying gig. No they are nor my direct report. So far it's "we all knew, i told "wddt" months ago." Type stuff. So far I'm not in trouble or being asked questions as if I'm in trouble, I'm really just trying not to get involved. But none of it matters if they don't drug test him, can they drug test him if there is NOTHING in our employment offer about drugs? If so, how far in advance can we give him? He can't just show up.one day and have HR tell him he has to drive to the test facility can we?
 
It's definitely a petty situation but the problem is about the money from what I can tell. We have to expense shit and then there is a refund sometimes and the person is ALWAYS broke and talking a out money, though they have a pretty high paying gig.

Im having a hard time understanding the bold. Is the person is getting more money than he should when expensing or getting money he shouldn’t by expensing shit.

If my understanding is correct, i dont necessarily know if his drug use/or lack there of is the drun to beat in this, but more a fraud thing. I dont think his personal finances matter much either.

If youre not responsibile for him, and were just told something by someone else, then i dont understand your concern.

Like i said in my first post, id just be worried about taking the fall if its convenient for a management type to cover their ass.

If he is operating equipment, or is covered under the company insurance policy for travel, then drug testing might come into play sometime?
 
Im having a hard time understanding the bold. Is the person is getting more money than he should when expensing or getting money he shouldn’t by expensing shit.

If my understanding is correct, i dont necessarily know if his drug use/or lack there of is the drun to beat in this, but more a fraud thing. I dont think his personal finances matter much either.

If youre not responsibile for him, and were just told something by someone else, then i dont understand your concern.

Like i said in my first post, id just be worried about taking the fall if its convenient for a management type to cover their ass.

If he is operating equipment, or is covered under the company insurance policy for travel, then drug testing might come into play sometime?
He is always the "well I had to leave at xxx, so I should get per diem for breakfast also" and bitches about how long the refunds take type stuff guy.
 
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He is always the "well I had to leave at xxx, so I should get per diem for breakfast also" and bitches about how long the refunds take type stuff guy.

.
Im guessing policy and procedures cover meal expenses? Also regarding when reimbursements get paid, is there a specific time when payables get processed? For example, we process payables once a week at my work, so if someone doesnt get theirs done by EOD the day prior it gets processed, they have timo wait until next weeks payables

Guess i dont really see a reason for a drug test in this scenario, but if it comes to one…watch your back if someones trying to drag you into something you shouldnt be a part of
 
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Ok, I'll just ask since Trad refuses pro Bono.

I'm in a situation where someone is going to be requested to take a drug test at one of the places I work. I'm involved because it was originally brought to my attention from someone else and then something got said to a higher up and my name was brought in for "knowing about it". Like i ever saw the person do drugs or dome shit, it was just said in passing. Basically a dude makes a shit ton of money but always has an excuse for being broke and it was brought to my attention they have a rather large drug habit. Not that I really care about what they do in their home but it's likely to cost someone their job.


Here are my questions for the group.

What trouble can I possibly get in, am I likely to go to court to speak on what I knew and when?

It was said to me by a 3rd party and while I assumed it was true I didn't have anything to back it so really didn't take it anywhere.


There is nothing in this person's employment about drug testing, can we even send them for a test?


How far in advance must the notice be given? At this point I think it's stupid because the dude has been fighting it almost 2 weeks so he could have cleared himself out by now.


Thanks Hort.

I'm guessing this person doesn't specifically work for you or you would have known first hand about the drug test and not just someone telling you in passing. So let me see if I have this right, you don't work directly with this person. You don't know if he's doing drugs but yet you assume it's true because someone told you. You don't know what his financial situation is other than somehow you know he makes a "shit ton" of money (someone tell you that in passing as well?). You seem to want to be involved in the "can we and should we test him" process. It sounds to me like you and your girlfriends don't like this guy and want to see him fired. Maybe you should focus your time more on doing your job rather than gossiping and maybe you won't get called into the principals office.
 
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Ok, I'll just ask since Trad refuses pro Bono.

I'm in a situation where someone is going to be requested to take a drug test at one of the places I work. I'm involved because it was originally brought to my attention from someone else and then something got said to a higher up and my name was brought in for "knowing about it". Like i ever saw the person do drugs or dome shit, it was just said in passing. Basically a dude makes a shit ton of money but always has an excuse for being broke and it was brought to my attention they have a rather large drug habit. Not that I really care about what they do in their home but it's likely to cost someone their job.


Here are my questions for the group.

What trouble can I possibly get in, am I likely to go to court to speak on what I knew and when?

It was said to me by a 3rd party and while I assumed it was true I didn't have anything to back it so really didn't take it anywhere.


There is nothing in this person's employment about drug testing, can we even send them for a test?


How far in advance must the notice be given? At this point I think it's stupid because the dude has been fighting it almost 2 weeks so he could have cleared himself out by now.


Thanks Hort.
Ran into 2 similar situation about 10 years ago. First question is are you a manager of said individual? Unless you saw the individual take drugs, or saw erractic behaviour, the accusation is merely heresay. Whoever There needs to be actual proof. Now the question is will the test come back clean. Based on whats stated it appears it won't. I don't think you have any liability in the situation, unless as a supervisor should have investigated slightly further, but without the first 2 statuses- erractic behaviour or seeing the drug use there isn't much to go on. Now if either of those 2 instances occurred the employer is required to get that individual safely home and not drive under the influence. One case where and employer sent the individual home, let them drive and they got in an accident and killed another person. Huge liability for the company.

Whoever had the concern should have gone to a supervisor, but again they need more supporting information than that guy is a druggie. You need video, 2 person verification of an incident so not he said/she said. In one my case the employee went to to the police station. Got involved with the chief of police and my HR dept. I stated if I had any proof of anything would let the individual go. The girl once confronted that needed more information clammed up. However 1 year later the employee in question got caught up in stealing debit cards to fund said drug habit. I was leaving so not my problem to deal with effectively. The other is the employee was just off. Called HR dept, they had us do a 20 question test, see if the scored high enough to be impaired. Also had nurse do assessment. Blood pressure, eye pupils response with light, checking slurred speech, heart rate. Watching how they walk. They score high enough can declare impaired. Then I had to drive the worker home, let a family member know so they could watch them and take them to get medical care if needed.

I am not sure the employer can do a drug test, without documentation or erractic behaviour, and something in the employee handbook stating mandatory periodic drug testing. Sounds like the company is also stepping out on a limb in this situation. Need to be consistent to everyone, or as Russ said, this can be viewed as workplace harassment.
 
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No they are nor my direct report.
Seems like it's easy enough to say, if asked, "Yeah [the person who told you] said something to me about it, but I don't agree with, or participate in, office gossip, so I chose not to perpetuate or amplify something told to me 3rd hand.". And stay out of the rest of it.

Whether or not they can test depends on a lot of different things. Here's what Texas says about it:


I think in general, an employer can implement a policy around drug testing, and would identify job categories that would be subject to testing. They'd need to enforce the policy fairly and consistently though. Seems like they'd get in trouble for wanting to test someone a) if they have no policy, and b) they're singling out one person for testing without work-related cause (like wrecking a company car, which should automatically trigger a drug test).
 
Ok, I'll just ask since Trad refuses pro Bono.

I'm in a situation where someone is going to be requested to take a drug test at one of the places I work. I'm involved because it was originally brought to my attention from someone else and then something got said to a higher up and my name was brought in for "knowing about it". Like i ever saw the person do drugs or dome shit, it was just said in passing. Basically a dude makes a shit ton of money but always has an excuse for being broke and it was brought to my attention they have a rather large drug habit. Not that I really care about what they do in their home but it's likely to cost someone their job.


Here are my questions for the group.

What trouble can I possibly get in, am I likely to go to court to speak on what I knew and when?

It was said to me by a 3rd party and while I assumed it was true I didn't have anything to back it so really didn't take it anywhere.


There is nothing in this person's employment about drug testing, can we even send them for a test?


How far in advance must the notice be given? At this point I think it's stupid because the dude has been fighting it almost 2 weeks so he could have cleared himself out by now.


Thanks Hort.
I suppose a lot of this will turn on the employee handbook, employment agreement, each person's managerial status, or lack thereof.
 
Sounds like you have plausible deniability, all you heard was a rumor and didn't want to stir up trouble if it wasn't true.

Your bigger problem is the snitch who got you involved. You need to deal with them immediately and with extreme prejudice. Step 1, drop a deuce on their desk. Step 2, boil their child's pet rabbit. Step 3, cut their brake lines.
 
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