My question involves criminal law for the state of: Minnesota
Hello. I don't know if this is the correct Forum to post my concern, but I will try.
I work for a major retailer. One of my co-workers frequently drinks alcohol while on the job, while on the clock. He takes frequent unauthorized breaks and goes to his car to drink. Verbally, this has been reported many times to the General Manager and the Assistants. This has been going on for over 2 years. It is common knowledge of most employees that he is drinking on the job. One can smell it on his breath and his behavior becomes increasingly more aggressive as his visits to the bottle increase throughout the day. As well, he becomes verbally aggressive with various female workers as he sexually hasasses them.
The best one assistant manager could say to us is, if he is drinking on the job, it takes 2 salaried managers to address the issue with him. I am under the impression this means if 2 of them bust him, they can either terminate his employment or taker other action. There have been occasions where there are indeed 2 salaried managers on duty, it gets reported to them, and they take absolutely no action.
My question is, if, while on the clock, he gets drunk, punches out for the day, and drives off the property while drunk, and gets into an accident, and harms someone, is the company responsible or in any way complicit in this matter?
Since management knows he is drinking on the job, and they take no steps to stop this, are they or the company culpable?
Also, if an employee is using illegal drugs while on duty, is the company responsible for any damage or accidents they may cause while high and on the clock?
Many thanks in advance for any and all serious and sensible responses devoid of sarcasm or attempts to establish superiority over poster or respondents.