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  1. #11
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    30

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    Yes, the forced kissing incident was reported to General Manager by the victim. I think the affected young woman was told something along the lines "we will talk to him." End of discussion. (Nothing more was or has been said to the young woman.)
    I told her to march down to the police dept. and report it. She didn't. Amazing how some people don't want to "cause" trouble. Above and beyond the obvious offense this action was, against her will at that, using her body for his pleasure, by force, what about potential disease being passed to her from his filthy mouth?

    Thank you Taxing Matters. (The reason(s) for your interesting name might require a separate thread!
    The commute to work is, legally, of absolutely no concern to employer one way or another. As is the commute from work.
    But, when on the clock, on the employer's property, an employee violates the company policies on alcohol consumption or illegal drug usage, known by the people in charge to occur, and allow him to drive off intoxicated, I tend to think there has to be culpability to some extent on the employer's part. As well, it is illegal to drive while intoxicated. Any illegal action is occurring with complete and total knowledge of employer. (If I know my neighbor is drunker than a skunk and see him staggering to his car and he drives off, shouldn't this be reported to police ASAP?)
    I am not talking employee being negligent driving to and from work, as in texting and causing an accident. Of course employer has no culpability.
    I am talking about employer not taking any action what-so-ever to stop an employee from becoming intoxicated while on their clock, (a clear violation of their policies) and driving away to potentially cause an accident. Driving while intoxicated is against the law for obvious reasons. Knowing this person is drunk, allowing him to get drunk on company time, and not doing anything to stop him from driving off property while drunk - employer has to bear some culpability.
    As to Minnesota law - well, as respectfully and delicately as I can state, all I can say is, it is, in many instances, it is absolutely -ucked up.

  2. #12
    Join Date
    Oct 2016
    Posts
    4,093

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    Not in your state.

    The sexual harassment/assault could cause much bigger problems for the employer.

  3. #13
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    30

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    I've waited to respond to your query as I hoped, correctly, responses would more than answer your questions.

  4. #14
    Join Date
    Oct 2014
    Posts
    8,019

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    Quote Quoting mrtenebrae
    View Post
    But, when on the clock, on the employer's property, an employee violates the company policies on alcohol consumption or illegal drug usage, known by the people in charge to occur, and allow him to drive off intoxicated, I tend to think there has to be culpability to some extent on the employer's part.
    Unfortunately, though, the Minnesota Supreme Court disagrees with you. It held the employer isn't liable for that even if the employer is the one who served him the alcohol. And if the employer isn't liable when it served the alcohol it is certainly not going to be liable when the employee just drinks his own booze. If you worked in California, the courts there might find liability in that circumstance.

    Quote Quoting mrtenebrae
    View Post
    Any illegal action is occurring with complete and total knowledge of employer. (If I know my neighbor is drunker than a skunk and see him staggering to his car and he drives off, shouldn't this be reported to police ASAP?)
    In most states of this country there is no legal obligation to report a crime you see that is in progress or that you believe is about to be committed. It is a commendable thing to do, but not a legal requirement. And there is no civil liability in most cases for failing to report it. The exceptions generally are limited circumstances covered by mandatory reporting laws, like laws that require teachers or doctors to report suspected child abuse.

  5. #15
    Join Date
    Aug 2019
    Location
    Minnesota
    Posts
    30

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    A company sponsored event where alcohol is served and an employee drives off intoxicated, is a different kettle of fish as opposed to an employee consuming alcohol on the job, on the clock, collecting wages, in total violation of company policies, and leaving premises in his vehicle to potentially cause an accident and harm to others. And this done with total knowledge of the bosses, the ones paid a princely salary to ensure company policies are observed. Policies and rules to ensure the safety of customers and the lowly employees.

    There is a bold distinction between a company social event providing booze to employees as opposed to an on the job situation that is not social, but, is a person on the clock performing his routine duties.
    The company event is a social occasion. An employee on the clock is a work occasion and it is only implied he/she will observe all company policies and rules and procedures or risk consequences.

    I will, at some time, consult a Minnesota lawyer for further advice. I will post findings when this happens. Thanks for responding. Hope your taxing matters get resolved!

  6. #16
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,433

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    I think the affected young woman was told something along the lines "we will talk to him." End of discussion. (Nothing more was or has been said to the young woman.)

    Has the harassing behavior stopped? If so, the company has met its legal obligation. They are not obligated to fire him, separate them, or tell her what action was taken.

    If it has not stopped, then the young lady in question may wish to consult an attorney.

  7. #17
    Join Date
    Oct 2014
    Posts
    8,019

    Default Re: Intoxication While at Work and Illegal Drug Usage at Work

    Quote Quoting mrtenebrae
    View Post
    There is a bold distinction between a company social event providing booze to employees as opposed to an on the job situation that is not social, but, is a person on the clock performing his routine duties.
    I disagree, and I think the courts would too. The key difference is that when the employer is serving the drinks, it is in part responsible for the employee's intoxicated condition. It could have prevented the employee from driving drunk simply by cutting off serving alcohol before the employee was intoxicated. Where the employee is simply drinking on his own, the employer is not supplying the booze and that same opportunity to cut him off from that supply does not exist. I don't see any meaningful distinction here between being on the clock or off the clock when the drinking occurs. Neither the California nor Minnesota courts mentioned that as a factor.

    I think the employer probably should get rid of an employee who is intoxicated while on the job for a whole host of reasons, including potential liability for negligence of that employee that occurs within the scope of the employee's duties. But not all employers think about those kinds of problems until it is too late.


    Quote Quoting mrtenebrae
    View Post
    I will, at some time, consult a Minnesota lawyer for further advice. I will post findings when this happens.
    When you do, be sure to mention the Meany case I cited earlier. That will speed up the conversation and potentially save you some fees. Otherwise the lawyer will spend time looking for it.

    Quote Quoting mrtenebrae
    View Post
    Thanks for responding. Hope your taxing matters get resolved!
    My main areas of practice are tax law, business law, and probate/estate planning. The name "Taxing Matters" is a play on the tax matters that I handle in my practice.

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