The CHRO has received an email stating that one of the employees in the customer service function is under the influence of illegal drugs and was caught vandalizing company property. The most appropriate way to handle this situation is?

The Receptacle organization has lost its overall market share by 13% because its customer satisfaction levels has deteriorated over the last 7 months. The Chief Executive Officer (CEO) speaks to the Chief Human Resource Officer (CHRO) about receiving anonymous emails of dysfunction in the customer service department. The CEO asks the CHRO to determine why the department is performing poorly, and if the Head of Customer Service (HCS) is able to lead the team effectively. The CEO states that the rising levels of customer complaints of poor service must be handled urgently and decisively.

The CHRO schedules a meeting with the HCS. The HCS was a top performer as an employee for 4 years and was recently promoted to lead the department. During the meeting, the HCS admits that he is facing significant employee relations problems. He states that certain employees are given preferential treatment by the CEO based on familial ties and these employees cannot be controlled. He is at a loss on what to do about these "problem" employees because they have access to the CEO based on family ties.

Staff in the department respond to an average of 3 calls per hour while the industry standard average is 7 calls per hour. The HCS states that he is desperate for help and is open to any solutions that the

CHRO can offer. The CHRO finds that the department is not staffed at full capacity and though the vacant positions have been posted in-house, employees are not keen on applying for the roles based on rumors of poor employee relations, bias, chaotic systems and controls.

The CHRO has received an email stating that one of the employees in the customer service function is under the influence of illegal drugs and was caught vandalizing company property. The most appropriate way to handle this situation is?
A . Because the company has over 15 employees, it is subject to the Drug Free Workplace Act of 1988, therefore the CHRO is to inform the HCS that the employee must be summarily dismissed.
B . Determine if the employee is protected under the Americans with Disabilities Act (ADA); if yes, provide a reasonable accommodation; if no, offer the employee the option of resignation or termination.
C . Inform the HCS of the allegations, offer the employee paid administrative leave, and carry out an investigation of the allegations.
D . Per due process, meet with the HCS and the employee to state the organization’s policy on drugs and substance abuse, discuss the allegations, and proceed with the customary progressive disciplinary steps.

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Answer: C

Explanation:

Unless paid administrative leave is being used as a form of workplace retaliation, employers can legally put their employees on paid administrative leave while the employer conducts an investigation regarding their employee’s behavior.

When allegations are made, in order to know what action to take, or to find out whether action is even necessary, the employer has to investigate the situation and ascertain the facts. Employers that fail to investigate such situations usually lose any claims or lawsuits brought by the employee in response to the problem. During the investigation, it is best for the employee to be placed on paid administrative leave to eliminate employer legal liability.

Note that the Drug-free Workplace Act of 1988 applies to any organization that receives a federal contract of $100,000 or more; and any organization receiving a federal grant of any size (not employers with over 15 employees).

Note that while a current illegal user of drugs is not protected by the ADA – an individual with alcohol use disorder is a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job.