And no it wasn't just to get your attention......we have a county owned ems service...lately a couple of the employees have been seen in public drinking...which isn't the issue...but they have been drinking to excess and acting foolish, alghough not unlawful....the ems director is concerned that the actions are casting an unfavorable light on his professioanl service and reputation....any thoughts on a course of action including termination after a warning....at will employees
Thanks

If they are at will employees, then they can be disciplined or fired for no reason at all, or for any reason that is not illegal.

As much as it pains me to say it, there is no constitutional or statutory right to drink beer. And beer drinkers enjoy no "protected class" status. So I think the ems director is free to proceed with warnings and disciplinary action if he sees fit. Of course, it is always wise to anticipate whether an employee will claim the real reason for firing was something illegal, like age, sex, race, etc.

At-will notwithstanding, it always helps if the employer has an articulated policy on the type of off-duty behavior that would negatively impact on-duty effectiveness. In that field, it might be the length of time between more than moderate alcohol and start of shift. It might be limits on public imbibing to a level that impairs the ability to retain confidential medical information, etc.

There may be facts in the current circumstances that support a termination vs. counseling or other correction. How did they get home without violating the penal code? Did they show up for work too hung over to work effectively? Did they call in "sick" leaving a shift short or causing OT expenditures? I am sure your EMS director is looking at something more than the silly behavior, which could occur with or without beer.

Another thought as you tiptoe through your issues. Alcoholism is covered under the ADA, while drinking on the job is not.

thanks all.
We decided to have a meeting and explain the issues especially where the service was being provided at an event or where the employee would be working the next day etc.
This appears to be more of a public perception issue than a job performance problem....which is what causes me concern. Hopefully, the counseling will work.

[This message was edited by mhartman on 10-10-08 at .]