Workplace Violence
110
Case Study 4 - “Drug and Alcohol Problem”
A female employee, who had been sent home for being under
the influence, struck her manager on the side of the head with a
board, pulled out a knife, and threatened to cause bodily harm.
The Incident Response Team was not activated.
On Friday, a female employee was sent home by her supervisor because
she appeared to be intoxicated. The female employee returned to work
on Monday and walked into the manager’s office and proclaimed that
she was drunk and asked what he was going to do about it. The female
picked up a board off the manager’s desk and struck him on the side of
his head. She then pulled out her knife and threatened to cause him
bodily harm. The manager was able to escape from his office. As he ran
down the corridor, the female was in close pursuit, waving the knife in
the air, and screaming unintelligible utterances. As the manager passed a
set of double metal doors, he stopped, closed the doors, held them
closed with his foot, and called out for help. While waiting for the police
to arrive, the female employee continually jabbed the knife blade through
the crack in the doors in an attempt to cut the manager. The police
arrived and arrested the female employee.
During the court hearing and her appeal for wrongful dismissal, the
employee admitted to being addicted to illegal drugs and to being an
alcoholic. She claimed that her father had sexually abused her as a child.
The female’s representative also claimed that the inappropriate behavior
by her supervisor and manager, combined with the illegal drug and
alcohol abuse, caused her to flashback to her childhood, resulting in her
violent behavior. The expert witnesses supported this concept and the
judge ordered the company to reinstate the female to her original posi-
tion. A sexual harassment case was opened against the manager, who left
his position. The case is under appeal.
Legal experts say that once the employee declares that she is an alcoholic
and asks for help, she falls into a protected class under the Americans
with Disabilities Act and must be treated as such.
1. When employees are told they cannot work because it appears
that they are under the influence of alcohol or an illegal sub-
stance, the company should not let them drive by themselves. The
company should arrange for a family member or friend to pick
them up or have a taxi take them home. If the employee is
involved in an accident after being sent home, there may be
significant legal issues raised.
The Incident
Investigation
Incident Response
Conclusion
Items for Consideration