There's an employee who allegedly drinks very heavily while not at work, hard liquor, driving intoxicated, etc. If it's not effecting his performance at work, the employer should not interfere. Right? Other than a safety sensitive position, what would give the employer the right to address it with the employee? Thanks.

If his performance at work is not being affected, the employer has no reason to interfere.

Is the employee driving a company vehicle? Acting this way in front of coworkers, clients or customers even if off the clock?

If there is no effect on work, I don't see why the employer would want to interfere. However, if the behavior is as bad as noted, I can't help but think it is affecting the employee's work in some way. Perahps the employee isn't aware of the extent it is affecting work.

The key word here is, allegedly. Where is the information coming from?

The information is coming from a co-worker in another department who told his manager, who told me. The co-worker socializes with the employee once in a while on the weekend. The employee is not in a safety sensitive role, does not drive company vehicle, does not interact with customers. BUT does supervise a team of employees. I considered approaching the employee's manager, but am reluctant since the information I have is 3rd hand. I have suggested the co-worker approach his friend directly since he has 1st hand knowledge. I provided the co-worker with our EAP phone number as they have trained professionals that may be able to coach him on how to make the approach.

Do you think it's appropriate to approach the employee's manager and inquire into the employee's performance, behavior on the job?

Please tell me you aren't serious. You didn't really give EAP information to a co-worker without talking to the manager first, did you? Haven't you ever heard of confidentiality?

No, I do not think it is a good idea to inquire of the manager about his job performance based on a third hand rumor, but now that you've done that you may not have any choice in the matter.

I must not have been clear enough in my writing. I provided the EAP phone number to the manager that came to me on behalf of the employee that came to him. I gave the number as a resource for the employee that was struggling with how to confront his friend and co-worker about the co-worker's alleged problem. There's no breach of confidentiality here. It's simply a resource - if the employee is that concerned, this is a way he/she can get some information on how to handle his own concerns with dealing with his friend.

I did not go to the manager of the employee with the alleged problem. I'm concerned about doing so. I'm also concerned about not inquiring on some level - maybe there are problems but they are looking the other way. I'll let it go.

Okay, that's better. Giving EAP information to managers is appropriate. You scared me there for a minute.

At this point I would document the information you have received and leave it at that. That way if you do get the information from a more reliable source later you have a point to start with.

Note that if the employer WERE in a safety sensitive position, etc., my answer would not necessarily be the same.

I would tend to agree with CBG. Document the conversation that you had, and let it go. Until it begins to affect his work, the employer really has no business interfering in an employees personal life. I have this same situation with one of my employees. I know she has a serious alcohol problem, and am greatly concerned, but until it affects her work, I really have no place in talking to her about it. And not just you, any member of management in your company. Not to mention that you need to be extremely careful in how you approach situations like that. If you had gotten the same information from several different employees, it may have more merit. I would wait for the other shoe to drop. Usually when people have a problem, it is only a matter of time before it begins to affect their work in some way. Just my thoughts.... Good luck!!

Many thanks for the counsel and advice!

I'd like to take a slightly different direction than what has been stated here. I'm not totally in agreement with the idea that an er should say nothing to an ee about a problem unless it has begun affecting the ee's work. As a fellow human being, co-worker, and particularly if I were the ee's supervisor, I'd at least want to say something to the ee. An example might be, "I believe you have a drinking problem and my advice is to call the company's EAP. Here's the phone number."

In the situation described, I agree that the er does not have the right to force the ee to do anything, but that doesn't mean you forfeit the right to have compassion for a fellow human being and at least make a minimal effort to help. Simply giving someone your opinion and advice does not overstep the er bounds here, IMO.

I know this opinion is not the majority opinion in HR, from having discussed this type of situation on another board previously. Perhaps I feel less constrained than the typical HR person since I have been an EAP and have gone well beyond what this situation may require, such as in having done formal "interventions" successfully. But when I see a role conflict between legal obligation versus compassion for another human being, I hope I continue to remember that I am human first {although some might disagree ;)} and HR second.

Oh we are all human. And believe me, I am one of the most passionate people you will ever meet. However, I am also an HR professional who has been doing this a long time. I have seen these situations go both ways. As a human, we want to help someone who we know has a problem. But, as an employer, there is a very fine line to be walked. If it isn't affecting his job performance, and he isn't late or absent, then the employer has really no right to interfere in their personal life. Especially without their asking for help. As I stated above, I have the same situation here right now. And as much as I would like to offer this girl the help that I know she needs desperately, I also know that it is not interfering with her performance at this time. And I also know that if the employee isn't willing to admit that they have a problem, and isn't to the point in which they know they need help, they may become extremely offended, and defensive. I would hate to have to justify to someone my reasoning for butting into their personal life at work, when there are no signs to suggest there is a problem. HR reps are people too, it is just that we tend to know, or have learned from experience, that there are certain things you just have to keep out of until you have reason otherwise.

TMP:

While I am not necessarily disagreeing, how do you deal with the "allegation" part of this? What if the person making the allegation is just trying to get someone they do not like into trouble? What if there in fact is no "there" there? How does someone prove that they are not an alcoholic? Or a spouse beater? Or a member of the Klan? A lot of people believe that where there is smoke, there must be fire.

And to add one thought to DAW, how do you then justify approaching an employee, who has no performance issues, and who has not asked for help or admitted to any problem? When they get angry becuase they were false alligations and you have now butted into their personal life and basically accused them of something serious, what do you then say to that employee? See? This is why, while it is commendable having a kind heart, you do not interfere in employees personal lives without concrete reason.

Like I said, I've debated this point before on another board, and have no intention or desire to go through all that again. You've stated your reasons and I've stated mine. Let's leave it at that.