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New assistant. 25-yo woman who looks 35. Was arrested a week ago for possession of a controlled substance. She didn't tell us. She doesn't know we know. What's the best way to let her go?

ml1209 wrote:New assistant. 25-yo woman who looks 35. Was arrested a week ago for possession of a controlled substance. She didn't tell us. She doesn't know we know. What's the best way to let her go?

You are not required to give a reason for terminating her, but if it were me I'd tell her why in the hope she will realize the need to clean up her life.

Violation of company code of conduct policy for possession of a controlled substance. That is assuming you have a written policy and it was covered with her when being hired.

Don't give a reason. Just fire her.

Texas is a right to work! But also idk what ur policy is but a lot of companies have where if they employee admits they have a problem with drugs on their own then they cant be fired and the company usually helps. But if you give her a drug test and she fails then you are good to go. Recommend a drug test if you want to play it safe

Arrested, or convicted?
Are you under the federal 'drug free workplace' initiative?
Do your terms of employment require the employee to reports arrests/convictions?
Texas is an 'at will' employment state, so unless you have a contract with her in place, you can release her from employment for any reason/no reason.

New assistant. 25-yo woman who looks 35.

hmmm. Wonder if the above and the drug use are related...

I am going to be contrary here, but she was arrested, but has not been adjudicated.
I don't think that she has any obligation to tell the company that she was arrested.
If she possesses or uses at work that is a different matter.
Also you can't discriminate based on age.....

I guess that depends upon info you did not include: how good of a worker is she? Is the drug arrest the only reason you want to fire her?
If you feel she is good worker and worth the effort to help her clean up her life, then talk to her. Perhaps you are the best person at the right time that she needs to admit having a problem and wants to fix it.
Compassion isn't a bad thing, but you have a business to run that must be protected.
Tough choice. Best of luck to you and your employee.

rickhdz36 wrote:Texas is a right to work! But also idk what ur policy is but a lot of companies have where if they employee admits they have a problem with drugs on their own then they cant be fired and the company usually helps. But if you give her a drug test and she fails then you are good to go. Recommend a drug test if you want to play it safe

Texas is right to work so unions can't have a closed shop where you have to join the union to get a job at a unionized employer. They are also an "employment at will state", like pretty much the other 49 states (to one degree or another), so let the lady go for any reason whatsoever...

And maybe put written notice in your employee manual that coming onto the property after being arrested for possession is prohibited and you can charge her with trespassing too...

Just tell her she will have to submit to a drug test before coming back to work. You'll have to pay for it. Probably she will quit. I would start doing pre- employment drug screenings as part of your hiring policy. I did this for new hires at one place I worked. After they fill out application and you want to hire them you give them a form to take to the clinic you use for the testing. I had a few that never went for the test and never came back. Round file the application. Also have new employees sign policy showing they have read and understand your no drug and alcohol standard. And if drug or alcohol use is suspected at any time while at work a drug test will be required. You have probable cause to have her take a drug test since she was arrested.

If you don't have someone in your company with HR experience I suggest retaining the services of a professional who does. The fees associated with the service are likely much less than defending a law suit.

And then, if you let her go, there may be the future issue of her filing for unemployment compensation---that could hit you in the pocketbook down the road. Check into that.

I have had to do this a few times in the restaurant business. "Terminated for no show, no call" if she missed a shift and didnt get it covered. Ir just tell her that she is not a good "fit". You dont even really need a reason being in Texas.
Under a week of employment, you won't even be questioned. Don't worry about it.

rickhdz36 wrote:Texas is a right to work! But also idk what ur policy is but a lot of companies have where if they employee admits they have a problem with drugs on their own then they cant be fired and the company usually helps. But if you give her a drug test and she fails then you are good to go. Recommend a drug test if you want to play it safe

Pretty sure we are at will, not right to work.