We required a visibly intoxicated employee to take a drug test and it came back positive. What do we do?

Your drug- and alcohol-free workplace policy should state the consequences for violating the policy. Follow your policy. Some employers may consider offering rehabilitation first; although you are not required to provide rehabilitation to a current user. If you have a zero-tolerance policy, you may terminate the employee. If your policy provides for other forms of discipline prior to termination, determine the appropriate disciplinary action for the situation.

Additionally, employers should be aware that, effective January 1, 2024, California prohibits discrimination on the basis of an applicant’s or employee’s off site and off-duty use