When You Suspect an Employee Is Under the Influence

Few moments test a leader’s judgment quite like suspecting an employee may be under the influence of drugs or alcohol while at work. Whether it’s a noticed safety concern, a shift in behavior, or something just feels “off,” these situations call for both empathy and quick thinking. How you can approach the conversation matters not only for the employee’s dignity and your team’s safety, but your organization’s legal compliance.

Start with the Observation, Not Assumption

Before jumping to conclusions, focus on what you can see, hear, or smell, not what you think might be happening. Document specific, observable behaviors, such as slurred or slow speech, difficulty maintaining balance, a strong odor of alcohol or marijuana, erratic mood swings, or an inability to concentrate. Objective documentation is essential as it protects both you (the employer), the employee, and keeps your actions grounded in fact rather than emotion.

When possible, have a second set of eyes, such as another supervisor or HR representative observe the same behaviors. Two perspectives help ensure that your concern is reasonable and supported, especially if next steps may include testing, disciplinary action, or termination.

Approach Privately, With Empathy and Care

If there’s an immediate safety concern, discreetly remove the employee from the work area. Find a private, calm space for a conversation and approach the topic from a place of concern rather than accusation. You might begin with something like:

“I wanted to check in because I’ve noticed a few things that concern me, and I want to make sure you’re okay.”

Then stick to what you observed:

“Your speech seems slurred, and you’ve had a hard time focusing this morning.”

This fact-based language opens the door for the employee to hopefully share what may be going on such as a medical issue, fatigue, or something more serious.  The goal is to ensure safety and fact-finding, not confrontation.

Follow Your Policy and Stay Consistent

A strong Drug and Alcohol Policy will guide how you handle the situation. Most policies outline what constitutes “reasonable suspicion,” who should be notified, and when sending an employee for testing is appropriate. If your organization requires a drug or alcohol test, make sure the process follows your written procedures and that the employee is treated with respect throughout. It’s important to recognize that there are instances when an employee is sent for testing and all results come back negative, allowing them to return to work. How the employee is treated throughout this process can significantly impact their perception of leadership and the overall company culture. Maintaining professionalism and handling the situation with a great deal of care is essential to ensure trust, respect, and a positive work environment.

If an employee is sent for drug testing, the employee should never be allowed to drive themselves to a testing site.  A leader or HR should arrange safe transportation and communicate clearly that the goal is safety and policy compliance.

Legal vs. Illegal Substances: Focus on Fitness for Duty

In today’s world, the line between “legal” and “illegal” substances isn’t always straightforward. Marijuana may be legal in your state, and prescription medications can be entirely lawful, yet still impair someone’s ability to perform safely. Regardless of legality, what matters most is the term “fitness for duty”, meaning whether the employee can safely and effectively perform their essential job functions and responsibilities.

We Often Get Asked, “Can I Terminate the Employee?”

In many cases, employers may be able to terminate an employee who is under the influence at work or who refuses a required test (if your policy allows for it and you apply that policy consistently). However, termination shouldn’t be automatic. Consider the context of the situation, such as if this a first-time incident or part of a pattern? Was anyone client or other employee endangered? Are there signs of a deeper issue, such as substance dependency?

It’s also worth noting that employees experiencing or recovering from substance use disorders may be protected under the Americans with Disabilities Act (ADA), depending on the situation. When in doubt, consult HR or legal counsel before making any final decisions about your specific situation.

Pair Accountability with Compassion

Even when discipline is appropriate, remember that substance use can stem from stress, burnout, or personal struggles. It can be helpful to provide information about your company's Employee Assistance Program (EAP), local support services, or offer time away from work. 

What You Can Do Today - Take A Moment to Strengthen Your Policy

If this topic makes you realize your policy is outdated or unclear, then now’s the time to update it. A good Drug and Alcohol Policy defines what “reasonable suspicion” means, who can authorize testing, how testing is handled, and what consequences or accommodations apply. Clear guidelines help everyone navigate difficult situations consistently and fairly.

When in Doubt - Contact Rising Tide HR

Handling suspected impairment at work is never easy. These moments really test a leader’s ability to balance compassion with accountability. When they’re approached thoughtfully, with the right documentation, clear policies, and a bit of empathy, you can protect your workplace, support your people, and maintain a culture of trust and safety. If you ever need help navigating a situation like this or want to make sure your policies are set up the right way, Rising Tide HR is always here to help.