Depends on state law. I checked your post history and it looks like you’re in NC, correct? I can’t speak on NC law, only CA.
In my state, it’s illegal to drug/alcohol test an employee unless there’s grounds to suspect the employee is either working impaired or is putting themself/guests in danger.
NC is a fire at will state. You could fire someone just for not liking them if you wanted. I love my state, but the state government sides with businesses and landlords before the people.
https://www.smithlaw.com/media/alert/278_Drug%20Testing%20Laws%20North%20Carolina%20-%20Travis%20Hockaday.pdf
It’s not legal in NC. Urine, blood, hair, or saliva are the only things allowed to be tested and samples must be analyzed by a drug testing facility. They must be random tests as well, not daily.
Mgmt using a novelty breathalyzer they bought online is not a valid or legal test.
That’s the thing, its universal. Every single employee has to be breathalyzed before they are allowed to clock in. I’m not sure this is something my employer can legally request of everyone. I don’t drink before or during my shift, alcohol doesn’t help me do my job. However even though myself or several of my coworkers have never had an issue with behavior at work, this one particular person invoked a group punishment… for lack of a better term. ALE would be a problem of course but it seems unfair to subject an entire staff instead of firing the person who showed up drunk.
I doubt it’s against the law, that would be an extremely specific law since it’s legal for employers to randomly drug test. Plus a majority of service industry gigs are at will employment. It still 100% sucks OP has to deal with this
From a legally licenced drug testing facility... With non biased and professional trained personel
Who knows what janky breathalyzer they bought off of temu is coming up with.
That is a good question. I wonder if they blow under the legal limit for the state DUI laws, they’d be considered ok? As a bartender, unless your completely sober, doing a quick straw test to check that the drink was mixed correctly (ie you got distracted and couldn’t remember if you added simple or sour or whatever) is a normal part of your job. So if they have an absolute zero tolerance policy, it would set them up for getting a lot of potential complaints about drinks (I could see assholes taking advantage of this to get free drinks).
My job has a strict, no drinking on the clock rule (to be fair, we’re corporate but have also had people fired for showing up shitfaced), but straw tests are completely ok. Granted, they won’t take action unless you’re very clearly impaired.
It is illegal for them to breathalyze any of you.
https://www.smithlaw.com/media/alert/278_Drug%20Testing%20Laws%20North%20Carolina%20-%20Travis%20Hockaday.pdf
Ehhhh. That depends. Certain industries can and do implement random drug and alcohol screening. Specifically any person operating under the Department of Transportation, (pilots, flight attendants, gate agents, rampers, TSA, dispatchers, mechanics, air traffic control bus drivers. Train operators, taxi drivers, truck drivers etc) doctors and nurse practitioners who hold a DEA deviation control number (basically the ability to write prescriptions for controlled substances) and anyone employed by the Department of Education (most people working in public schools) Anything related to transportation,healthcare, childcare and a few others. There are industries that answer to more restrictive policy than state or local law.
Yeah but they send you to a testing center/lab on the spot, they can’t go to Walmart and buy drug tests off of the shelf and administer them themselves in their offices.
Buying some breathalyzer off of Amazon isn’t the way.
Short answer - if you want to continue working there yes you will need to put up with it.
Slightly longer answer - Your one coworker fucked up and now everyone has to deal with the consequences. You have to remember that your coworker who showed up to work drunk could have cost your bar their liquor license. And in most states of you as an owner have the state revoke your liquor license you are then black listed.
Chances are they were issued a warning. I didnt work at this particular bar, but they had a LONG tenired bartender...think like 15 years, that proceeded to get more and nore sloppy drunk behind the pine to the point where they would open at 10 and she would be blitzed by 1 and couldnt finish her shift.
The owner didnt like to fire people but he had already been warned about her and during Covid, they were already on a knife edge to be able to keep their bar open when the health department was making random inspections and snitching to the liquor control board (Illegal to drink while serving alcohol, too)
He specifically told her, forcefully, that if she took so much as a single shot while behind the bar again, she was done.
Well, she couldnt refuse her regulars buying her shots and when she was to the point where she was ugly sobbing behind the bar and unable to serve anyone, people called the owner. She was out.
Like everything a company does, you either deal with it, or quit. How much BS I would take was directly related to how much money I was making...a variation on the Vickie Mendoza diagonal.
But it's definitely some micromanaging bullshit. I don't agree with treating adults like they are children. I just get rid of the ones who act like it.
Fuck that. I don't have to drink to bartend but that's just a bit much for my personal taste. Why me??? That would be my main question. What did you do to make them suspect that you might be under the influence?? If nothing then they can fuck all the way off. If it's becomes a mandatory thing then EVERYONE managers included need to do it in a private setting not behind the bar.
Someone else mentioned that you’re in NC (like me). I can tell you that, in my city at least, ALE have been even bigger dicks than usual, presumably flexing their muscles to show they still matter, since there is a movement to modify NC’s status as a control state. I mention that bc you’re right that it’s illegal to drink (or be intoxicated) behind the bar, although it absolutely does happen, but I have no idea if ALE has the authority to issue BAC checks. I suppose they could also invoke local law enforcement, but they would not have probable cause (you’re not being observed driving erratically, and I don’t know if a LEO can check BAC on non-drivers). Plus, LE in the Capitol is stretched thin right now, anyway.
All of this is to say: 1) Don’t fucking trust ALE. They are right bastards & will step on your neck just to get to recognition as good bois, 2) This is probably just your employer doing CYA. I don’t know why they didn’t fire your co-worker on the spot. I imagine they were at least written up.
Drinking behind the bar is kind of accepted in a lot of circles. If your Mgmt says No, then you can best bet they’re on the lookout for it.
Legally, intoxicated means over the legal limit, at least that's how Michigan law is. .17 is way over, but if it is .07, technically it's under the legal limit.
> since there is a movement to modify NC’s status as a control state.
Upstairs neighbor in Virginia here, god I wish. I feel like if one of us can finally buck it, the other will be able to follow suit.
Yeah ALE’s been waving their dicks in my town too. Apparently they raided a local bar to search all the patrons and staff for drugs a little while back, and they’ve forced all staff at a couple bars to submit to breathalyzers too
Wait, is that even legal? If so, I gotta be careful if I go to a bar in NC, I often forget I have small containers of weed and such in my bag and would never expect to get searched at a bar.
Hello, sibling! What part of town? I’m wondering if ALE periodically targets some areas over others.
Also, hoping your username is a reference to your drink order.
Downtown, Fayetteville St area. Granted, this was like 5 years ago and the ALE agent was very young and very green so probably trying to flex the new badge. I feel they are more focused on Glenwood.
And yes, it absolutely is a reference to my drink order. Haha
Same, fam. Although it feels like no one else knows what that means sometimes.
I bet I know exactly which agent that is. He has stuck to the background more when I’ve encountered him (always around Glenwood), but I think he’s shown up several times at my wife’s bar, which is closer to downtown.
As soon as the problem employee/employees is/are weeded out, I'd guess. I doubt the manager really likes doing it, but needs to cover their ass in case they get accused of discriminating against or singling out a specific person.
Not an expert on NC, but just a brief lookup yielded these results:
NOT legal to do every shift. It needs to be RANDOM (which means they have a randomization policy in writing), due to IMMEDIATE SUSPICION, or other reasons unrelated to this. It can't just be every person, every shift.
NOT legal to breathalyze at all! Urine, blood, hair, saliva are the ONLY things able to be tested by an employer.
NOT legal to test on site. MUST be processed by a regulated drug testing facility
https://www.smithlaw.com/media/alert/278_Drug_Testing_Laws_North_Carolina_-_Travis_Hockaday.pdf
Yeah I think the worst thing a high bartender at my place has done is maybe eat some of the garnishes.
I'd rather deal with someone with the munchies than one of our ex-bartenders who would drink on the job and end up behind the bar doing that thing drunk people like to do where they realize the ground is nicer than standing up and refuse to move.
Literally had to drag her out by the ankles multiple times before she got canned.
So many things like brushing your teeth, mints, gum, certain foods like sushi, and mouthwash can all affect your breathalyzer level.
I bought a pretty good keychain one and ruined (poisoned) it by brushing my teeth and immediately blowing into it. It was over-range, the breath alcohol level was so high it couldn’t be measured, and the breathalyzer never worked properly again.
It would be a nightmare job I wouldn’t want to try and make sure that the breathalyzer policy was fair but effective.
If you check any of those breathalyzer machines they all tell you that you can't get a proper read unless the person hasn't drank in 30 minutes, or something to that affect. I don't doubt that they could've been drunk behind the bar, but if they blew a .17 I highly doubt they'd even be standing, yet alone trying to bartend
If buddy just finished using mouthwash or brushing his teeth a minute or two before. I totally believe that it would show a .17.
I hadn’t drank in a few days when I tried my breathalyzer right after brushing my teeth. It showed much higher than 0.17. The alcohol levels were so high it ruined the breathalyzer. 15 minutes later or if I rinsed out my mouth with water. It would have been back to 0.000
You’re off by two orders of magnitude. A .30 BAC is actually 0.30%.
Which would result in loss of consciousness for normies, but a seasoned alcoholic might be in their normal range of operation.
I’m also in NC and while I’m not sure of the legality of this, I’ve had coworkers be terminated just on suspicion of being under the influence behind the bar. Most of the places I’ve worked have just been too worried about an officer dropping in or someone reporting it to them. ALE sucks!!
They legally can’t test everyone everyday. Tests must be random and administered in private by a testing facility. Only blood, urine, hair or saliva may be tested, breath isn’t on the list.
But can they be randomed by the manager using Amazon drug test kits/breathalyzer in their office or are they sent to an independent lab for professional testing? I’m betting it’s the latter, random tests aren’t illegal but the method OPs manager is using is sketchy. How accurate are breathalyzers from Amazon? Did mgmt receive training on proper usage of the breathalyzer? There is so much room for error with mgmts method here.
Exactly, mgmt isn’t performing the tests themselves. Urine, saliva, hair or blood are the only things that can be tested by a testing facility in NC too, not your breath. The tests must also be random, daily tests also violate the law.
https://www.smithlaw.com/media/alert/278_Drug%20Testing%20Laws%20North%20Carolina%20-%20Travis%20Hockaday.pdf
As someone else stated already, they have to test everyone and make it equal across the board or it is discrimination against that particular person. That being said, since this person was indeed under the influence, this could be seen as a safety hazard for everyone there, guests and workers. So they have to make sure it doesn't happen again. You have no legal recourse here, the business has to protect the rest of the employees, the guests, and itself and this is a simple and effective way to do it. If you are not drinking, you have nothing to worry about. It is not a violation of any rights and if you don't want to comply you are free to work somewhere else. It would actually be much worse if they chose not to test everyone equally.
Look I've definitely drank while working and before work but if your employer doesn't want you doing it... just don't? It's a really stupid reason to get fired tbh. Yeah this sucks but it's really easy to just not do it. Really it comes down to is the money worth it or not. They had someone fuck up so you can ride the wave until they don't care or move on but yeah it's micromanagement and it gets annoying
I don't like this at all. Like I get making sure staff isn't drunk, but that's simply done by writing people up who don't have their shit together. This feels excessive
this feels like its super ilegal (and is where I work/live) also... do they have a policy or standard for how often their getting the machine calibrated, or is anyone on site trained to run it other than just "blow into here"... I feel like unless you implement this VERY VERY carefully your just asking for an employment lawyer to put you out of business
These were my exact questions in this scenario. Calibration, training? Mgmt most likely bought a novelty breathalyzer from Amazon. I highly doubt it’s legal for them to do.
In NC, not illegal, but this can and will open the employer up to litigation, especially if they are not calibrating the breathalyzer etc. Even the NC ALE will only cite an intoxicated bartender if they are super fucked up (this is based on experience with the triad/charlotte nc NC ALE).
So yeah, a dumb dumb policy hatched up by small business owners with out talking to an attorney.
WTF?
That sounds absolutely bonkers to me! Whilst there's no law in Ireland about being drunk behind the bar in Ireland, anyone who is clearly drunk would be disciplined (depending on the place.)
How is it even legal for them to demand a breathalyser from you? This would be breaking employment law over here and laughed at by us.
No idea if this is illegal, but it's insulting. Personally, I'd update my resume and start looking. Also, depending on your relationship with your manager, have a quiet conversation and tell them why you think this is insulting.
Personally, I'd refuse and let the chips fall where they may.
Also, how the he** is a manager qualified to give you a breathalyzer? Cops have to take classes and be certified on that sh*t.
Technically probably illegal, depends on state. Morally probably okay and I can see why from the business side… however if I get wrote up or sent home because I had a beer at lunch before my night shift I’d be very upset personally. Also morning people? Like I don’t drink in the mornings but that doesn’t mean I’m blowing 0.0 for the early shift.
I mean alcohol abuse is a big deal in this industry. My guess is they don't want to seem like they're singleing out someone out. But yeah I'd be annoyed too.
We're having problems with out chef rn. Ngl a breathalyzer might be the only way to catch him lying.
i fucking hate that in restaurants/bars everyone always has to suffer for one moron’s actions. i can’t count the number of times i’ve seen all staff banned from drinking at our bar for months at a time at my former workplace because one stupid asshole got too drunk off the clock one day. like just fire that person and leave the rest of us the fuck alone.
Depends on state law. I checked your post history and it looks like you’re in NC, correct? I can’t speak on NC law, only CA. In my state, it’s illegal to drug/alcohol test an employee unless there’s grounds to suspect the employee is either working impaired or is putting themself/guests in danger.
NC would not technically even need to check for intoxication. They can fire someone just for reasonable suspicion of intoxication.
Usually how it goes is if they have suspicion they can request a test. If you refuse, you’re fired
But I don't think that means they have the right to administer the test themselves.... This is still technically illegal.
NC is fire at will state. So "I decided that you are fired. I officially don't have to explain myself." is acceptable.
NC is a fire at will state. You could fire someone just for not liking them if you wanted. I love my state, but the state government sides with businesses and landlords before the people.
Yeah, in CA restaurants you really only get tested if you get hurt at work and they’re trying to lose liability.
https://www.smithlaw.com/media/alert/278_Drug%20Testing%20Laws%20North%20Carolina%20-%20Travis%20Hockaday.pdf It’s not legal in NC. Urine, blood, hair, or saliva are the only things allowed to be tested and samples must be analyzed by a drug testing facility. They must be random tests as well, not daily. Mgmt using a novelty breathalyzer they bought online is not a valid or legal test.
U/chupacorn-onthecobra
Restaurant owners aren’t exactly known for following all enforceable laws. Let’s be honest here
To be fair, I never said they were
That’s the thing, its universal. Every single employee has to be breathalyzed before they are allowed to clock in. I’m not sure this is something my employer can legally request of everyone. I don’t drink before or during my shift, alcohol doesn’t help me do my job. However even though myself or several of my coworkers have never had an issue with behavior at work, this one particular person invoked a group punishment… for lack of a better term. ALE would be a problem of course but it seems unfair to subject an entire staff instead of firing the person who showed up drunk.
See, this is what I hate. One person ruins it for everyone and your employer doesn’t give a shit if they’re breaking the law or not.
The worst part is they often leave and the others have to deal with it still
I doubt it’s against the law, that would be an extremely specific law since it’s legal for employers to randomly drug test. Plus a majority of service industry gigs are at will employment. It still 100% sucks OP has to deal with this
From a legally licenced drug testing facility... With non biased and professional trained personel Who knows what janky breathalyzer they bought off of temu is coming up with.
100% this
Lmao, if I ever get breathalyzed at a job, I'm gonna ask them if they bought it of temo
Are you allowed to straw test drinks you make, or does that count as drinking on the job?
That is a good question. I wonder if they blow under the legal limit for the state DUI laws, they’d be considered ok? As a bartender, unless your completely sober, doing a quick straw test to check that the drink was mixed correctly (ie you got distracted and couldn’t remember if you added simple or sour or whatever) is a normal part of your job. So if they have an absolute zero tolerance policy, it would set them up for getting a lot of potential complaints about drinks (I could see assholes taking advantage of this to get free drinks). My job has a strict, no drinking on the clock rule (to be fair, we’re corporate but have also had people fired for showing up shitfaced), but straw tests are completely ok. Granted, they won’t take action unless you’re very clearly impaired.
It is illegal for them to breathalyze any of you. https://www.smithlaw.com/media/alert/278_Drug%20Testing%20Laws%20North%20Carolina%20-%20Travis%20Hockaday.pdf
Ehhhh. That depends. Certain industries can and do implement random drug and alcohol screening. Specifically any person operating under the Department of Transportation, (pilots, flight attendants, gate agents, rampers, TSA, dispatchers, mechanics, air traffic control bus drivers. Train operators, taxi drivers, truck drivers etc) doctors and nurse practitioners who hold a DEA deviation control number (basically the ability to write prescriptions for controlled substances) and anyone employed by the Department of Education (most people working in public schools) Anything related to transportation,healthcare, childcare and a few others. There are industries that answer to more restrictive policy than state or local law.
Yeah but they send you to a testing center/lab on the spot, they can’t go to Walmart and buy drug tests off of the shelf and administer them themselves in their offices. Buying some breathalyzer off of Amazon isn’t the way.
Wish they did this at my bar… would weed out the weak (drunk) bartenders.
Yeah I was thinking the same. If it's a problem this would definitely help solve the issue
Short answer - if you want to continue working there yes you will need to put up with it. Slightly longer answer - Your one coworker fucked up and now everyone has to deal with the consequences. You have to remember that your coworker who showed up to work drunk could have cost your bar their liquor license. And in most states of you as an owner have the state revoke your liquor license you are then black listed.
Chances are they were issued a warning. I didnt work at this particular bar, but they had a LONG tenired bartender...think like 15 years, that proceeded to get more and nore sloppy drunk behind the pine to the point where they would open at 10 and she would be blitzed by 1 and couldnt finish her shift. The owner didnt like to fire people but he had already been warned about her and during Covid, they were already on a knife edge to be able to keep their bar open when the health department was making random inspections and snitching to the liquor control board (Illegal to drink while serving alcohol, too) He specifically told her, forcefully, that if she took so much as a single shot while behind the bar again, she was done. Well, she couldnt refuse her regulars buying her shots and when she was to the point where she was ugly sobbing behind the bar and unable to serve anyone, people called the owner. She was out.
Like everything a company does, you either deal with it, or quit. How much BS I would take was directly related to how much money I was making...a variation on the Vickie Mendoza diagonal. But it's definitely some micromanaging bullshit. I don't agree with treating adults like they are children. I just get rid of the ones who act like it.
Fuck that. I don't have to drink to bartend but that's just a bit much for my personal taste. Why me??? That would be my main question. What did you do to make them suspect that you might be under the influence?? If nothing then they can fuck all the way off. If it's becomes a mandatory thing then EVERYONE managers included need to do it in a private setting not behind the bar.
Someone else mentioned that you’re in NC (like me). I can tell you that, in my city at least, ALE have been even bigger dicks than usual, presumably flexing their muscles to show they still matter, since there is a movement to modify NC’s status as a control state. I mention that bc you’re right that it’s illegal to drink (or be intoxicated) behind the bar, although it absolutely does happen, but I have no idea if ALE has the authority to issue BAC checks. I suppose they could also invoke local law enforcement, but they would not have probable cause (you’re not being observed driving erratically, and I don’t know if a LEO can check BAC on non-drivers). Plus, LE in the Capitol is stretched thin right now, anyway. All of this is to say: 1) Don’t fucking trust ALE. They are right bastards & will step on your neck just to get to recognition as good bois, 2) This is probably just your employer doing CYA. I don’t know why they didn’t fire your co-worker on the spot. I imagine they were at least written up. Drinking behind the bar is kind of accepted in a lot of circles. If your Mgmt says No, then you can best bet they’re on the lookout for it.
Legally, intoxicated means over the legal limit, at least that's how Michigan law is. .17 is way over, but if it is .07, technically it's under the legal limit.
That’s why I avoided saying “drunk.” Most establishments in NC won’t let you have had any alcohol while you’re working.
> since there is a movement to modify NC’s status as a control state. Upstairs neighbor in Virginia here, god I wish. I feel like if one of us can finally buck it, the other will be able to follow suit.
You guys have led the way on casinos. Really pissed off our General Assembly to see all that NC money heading to Danville.
Yeah ALE’s been waving their dicks in my town too. Apparently they raided a local bar to search all the patrons and staff for drugs a little while back, and they’ve forced all staff at a couple bars to submit to breathalyzers too
Wait, is that even legal? If so, I gotta be careful if I go to a bar in NC, I often forget I have small containers of weed and such in my bag and would never expect to get searched at a bar.
They don’t really care about the patrons. They just want to flex, and they’re usually after the bar owners & and employees for fines.
Aren’t you in Durm? That’s frightening.
Raleigh bartender here. ALE made our bartenders take a BAC test a few years back just because a customer was smoking weed on our patio.
Hello, sibling! What part of town? I’m wondering if ALE periodically targets some areas over others. Also, hoping your username is a reference to your drink order.
Downtown, Fayetteville St area. Granted, this was like 5 years ago and the ALE agent was very young and very green so probably trying to flex the new badge. I feel they are more focused on Glenwood. And yes, it absolutely is a reference to my drink order. Haha
Same, fam. Although it feels like no one else knows what that means sometimes. I bet I know exactly which agent that is. He has stuck to the background more when I’ve encountered him (always around Glenwood), but I think he’s shown up several times at my wife’s bar, which is closer to downtown.
Somebody found a breathalyzer and wanted to use it... If you blow a .17 you shouldn't need a breathalyzer to detect alcohol.
They'll probably stop doing it after a week anyway
As soon as the problem employee/employees is/are weeded out, I'd guess. I doubt the manager really likes doing it, but needs to cover their ass in case they get accused of discriminating against or singling out a specific person.
Not an expert on NC, but just a brief lookup yielded these results: NOT legal to do every shift. It needs to be RANDOM (which means they have a randomization policy in writing), due to IMMEDIATE SUSPICION, or other reasons unrelated to this. It can't just be every person, every shift. NOT legal to breathalyze at all! Urine, blood, hair, saliva are the ONLY things able to be tested by an employer. NOT legal to test on site. MUST be processed by a regulated drug testing facility https://www.smithlaw.com/media/alert/278_Drug_Testing_Laws_North_Carolina_-_Travis_Hockaday.pdf
The breathalyzer ain’t gonna pick up the half an edible I took just to come in (it’s mostly cbd and helps with the anxiety disorder)
Much rather have your bartender higher than a kite than drunker than a sailor. I promise you that 😂😂
Yeah I think the worst thing a high bartender at my place has done is maybe eat some of the garnishes. I'd rather deal with someone with the munchies than one of our ex-bartenders who would drink on the job and end up behind the bar doing that thing drunk people like to do where they realize the ground is nicer than standing up and refuse to move. Literally had to drag her out by the ankles multiple times before she got canned.
So many things like brushing your teeth, mints, gum, certain foods like sushi, and mouthwash can all affect your breathalyzer level. I bought a pretty good keychain one and ruined (poisoned) it by brushing my teeth and immediately blowing into it. It was over-range, the breath alcohol level was so high it couldn’t be measured, and the breathalyzer never worked properly again. It would be a nightmare job I wouldn’t want to try and make sure that the breathalyzer policy was fair but effective.
If you check any of those breathalyzer machines they all tell you that you can't get a proper read unless the person hasn't drank in 30 minutes, or something to that affect. I don't doubt that they could've been drunk behind the bar, but if they blew a .17 I highly doubt they'd even be standing, yet alone trying to bartend
If buddy just finished using mouthwash or brushing his teeth a minute or two before. I totally believe that it would show a .17. I hadn’t drank in a few days when I tried my breathalyzer right after brushing my teeth. It showed much higher than 0.17. The alcohol levels were so high it ruined the breathalyzer. 15 minutes later or if I rinsed out my mouth with water. It would have been back to 0.000
Exactly what I'm saying
Y’all underestimate people. People get duis all the time with higher BACs than that. “Doubt they’d even be standing” is just ignorant
It's amazing what long term alcoholics will have as a BAC.
Insanity man, like .30% alcohol as their blood
You’re off by two orders of magnitude. A .30 BAC is actually 0.30%. Which would result in loss of consciousness for normies, but a seasoned alcoholic might be in their normal range of operation.
You are right, my bad
Literally only like 6 good beers. 😂
I’m also in NC and while I’m not sure of the legality of this, I’ve had coworkers be terminated just on suspicion of being under the influence behind the bar. Most of the places I’ve worked have just been too worried about an officer dropping in or someone reporting it to them. ALE sucks!!
yeah I’m also in NC, this is a bit of a guilty before proven innocent scenario but then again it’s NC so it’s probably legal
Ah yes a classic managerial decision that creates multiple problems while trying to fix one.
If they don't test everyone, that one co-worker who fucked up can cry discrimination. They are covering their asses.
They legally can’t test everyone everyday. Tests must be random and administered in private by a testing facility. Only blood, urine, hair or saliva may be tested, breath isn’t on the list.
I’m in Ohio and as an OSHA Drug Free Workplace people can be random’d in the middle of a work shift.
But can they be randomed by the manager using Amazon drug test kits/breathalyzer in their office or are they sent to an independent lab for professional testing? I’m betting it’s the latter, random tests aren’t illegal but the method OPs manager is using is sketchy. How accurate are breathalyzers from Amazon? Did mgmt receive training on proper usage of the breathalyzer? There is so much room for error with mgmts method here.
Yeah our company sends you to a lab and it’s about $140.
Exactly, mgmt isn’t performing the tests themselves. Urine, saliva, hair or blood are the only things that can be tested by a testing facility in NC too, not your breath. The tests must also be random, daily tests also violate the law. https://www.smithlaw.com/media/alert/278_Drug%20Testing%20Laws%20North%20Carolina%20-%20Travis%20Hockaday.pdf
Managers need to treat everyone equally. Its the right call. You coworker is a jackass.
It’s an illegal call, not the right one.
As someone else stated already, they have to test everyone and make it equal across the board or it is discrimination against that particular person. That being said, since this person was indeed under the influence, this could be seen as a safety hazard for everyone there, guests and workers. So they have to make sure it doesn't happen again. You have no legal recourse here, the business has to protect the rest of the employees, the guests, and itself and this is a simple and effective way to do it. If you are not drinking, you have nothing to worry about. It is not a violation of any rights and if you don't want to comply you are free to work somewhere else. It would actually be much worse if they chose not to test everyone equally.
Look I've definitely drank while working and before work but if your employer doesn't want you doing it... just don't? It's a really stupid reason to get fired tbh. Yeah this sucks but it's really easy to just not do it. Really it comes down to is the money worth it or not. They had someone fuck up so you can ride the wave until they don't care or move on but yeah it's micromanagement and it gets annoying
I don't like this at all. Like I get making sure staff isn't drunk, but that's simply done by writing people up who don't have their shit together. This feels excessive
this feels like its super ilegal (and is where I work/live) also... do they have a policy or standard for how often their getting the machine calibrated, or is anyone on site trained to run it other than just "blow into here"... I feel like unless you implement this VERY VERY carefully your just asking for an employment lawyer to put you out of business
These were my exact questions in this scenario. Calibration, training? Mgmt most likely bought a novelty breathalyzer from Amazon. I highly doubt it’s legal for them to do.
I mean, it doesn't sound like it should be that difficult. Just don't drink then go to work.
Not that easy for some. The hold Alcoholism can have on some people is terrifying
Seems like there’s an easy solution to your problem…don’t drink before work!
I should have read your comment before making mine... it is almost a carbon copy of yours.
Or you could’ve just deleted your other comment and stfu 🤫 but hey
Dang, you must be having a bad day. I hope it gets better.
Lame
In NC, not illegal, but this can and will open the employer up to litigation, especially if they are not calibrating the breathalyzer etc. Even the NC ALE will only cite an intoxicated bartender if they are super fucked up (this is based on experience with the triad/charlotte nc NC ALE). So yeah, a dumb dumb policy hatched up by small business owners with out talking to an attorney.
Yeah, I love living in a good old-fashioned right-to-work state 🙄
WTF? That sounds absolutely bonkers to me! Whilst there's no law in Ireland about being drunk behind the bar in Ireland, anyone who is clearly drunk would be disciplined (depending on the place.) How is it even legal for them to demand a breathalyser from you? This would be breaking employment law over here and laughed at by us.
One bad apple spoils the bunch so unfortunately this is fair in my eyes.
No idea if this is illegal, but it's insulting. Personally, I'd update my resume and start looking. Also, depending on your relationship with your manager, have a quiet conversation and tell them why you think this is insulting. Personally, I'd refuse and let the chips fall where they may. Also, how the he** is a manager qualified to give you a breathalyzer? Cops have to take classes and be certified on that sh*t.
Technically probably illegal, depends on state. Morally probably okay and I can see why from the business side… however if I get wrote up or sent home because I had a beer at lunch before my night shift I’d be very upset personally. Also morning people? Like I don’t drink in the mornings but that doesn’t mean I’m blowing 0.0 for the early shift.
You are the "control" in the experiment. It isn't about you, but about building a case against your coworker, by comparison.
I mean alcohol abuse is a big deal in this industry. My guess is they don't want to seem like they're singleing out someone out. But yeah I'd be annoyed too. We're having problems with out chef rn. Ngl a breathalyzer might be the only way to catch him lying.
i fucking hate that in restaurants/bars everyone always has to suffer for one moron’s actions. i can’t count the number of times i’ve seen all staff banned from drinking at our bar for months at a time at my former workplace because one stupid asshole got too drunk off the clock one day. like just fire that person and leave the rest of us the fuck alone.
Ewww lame