NWR: Do I tattle?

mikenberger · March 2015

I guess it's not really tattling but moreso, protecting my investment? I work at a brewery in town, it's a very small microbrewery. FI and I dumped money into this project (read: 5 figures worth of money.) and we're very proud of it and cannot believe how great we're doing. It's awesome.

But.

I work with one staff person who cannot make it through her shift without getting high. I do not care that she smokes pot. What she does on her own time is not my concern. But it's illegal where we live, so I question if she gets hurt and we have to file an insurance claim on it and if they investigate and find that she was under the influence, what the repercussions will be.

Notes:

We do not allow people (servers) to drink a pint of beer. Servers can sample the beer prior to serving and the brewery opening, but not while they are actually serving. So the most a server will drink is 6oz of beer.
It is only my concern that if something happens involving her, either with herself or dealing with a patron, insurance may come into play and blah blah blah litigation. Like I said, I don't care that she smokes pot. I do care that I could possibly lose a large investment due to someone else not being able to make it through a 5 hour shift without being high.
It is obvious when she's high. Totally, 100% obvious. Probably not the best face we want to put forward.

I'm just really cautious to say anything to the owner because I don't want to come across like a tattler. Which, I know I'm tattling, but it's not coming from a place of me wanting her to get into trouble (which nobody is calling the police or anything like that). I just don't want something to happen in the brewery.

thisismynickname2 · March 2015

I'd say something. That's completely unprofessional. Does the owner have an HR person or...?

mikenberger · March 2015

thisismynickname said:
I'd say something. That's completely unprofessional. Does the owner have an HR person or...?

No. There is no HR department. The "full time workers" are the owner, his wife and his FIL. Then there are part-time staff members, 6 of them. It's a very small operation.

littlemushroom · March 2015

That is a major liability issue and I would say something. I also think that as a new business, having a server who is obviously impaired in that way may chase away potential customers. Kind of like, if the owners/management overlook an obvious issue like that, as a customer I would start to wonder what else is being overlooked.

novella1186 · March 2015

Another vote for saying something, but just be honest and tell the owner what you've said here; you don't care what she does on her own time and don't want to get her in any kind of trouble, but from a business standpoint you have some serious concerns.

southernbelle0915 · March 2015

Does it say anywhere in the employee contract/agreement/handbook/whatever that you can't be under the influence at work? If so, then yea, I'd inform the owner. If not, I'd probably tell the owner they should add it (along with the right to drug test if they want to) and have employees re-sign.

She's "tattling" on herself by looking blown out every day and making it super obvious she's toking up on the job.

I have no problem with people smoking pot. I think it should be legal everywhere and that people should be able to do it in their free time (recreationally) if they want to. But I don't think people should come to work high, drunk, tripping or under the influence in any way.

KatieinBkln · March 2015

I would send them an anonymous note. It's such a small workplace that it could get unbearably weird if people know who ratted this woman out, but not so small that you couldn't get away with complaining anonymously.

People shouldn't be high at work, man. Everyone wants to be high/drinking/whatever sometimes, but most of us have an ounce of self control and respect for society and stop ourselves when we're on the clock. RULES APPLY TO EVERYONE!

Maggie0829 · March 2015

You need to say something. Like others have said this is a huge liability issue. What she does in her private time is up to her, but at work this is a big no-no.

novella1186 · March 2015

southernbelle0915 said:
Does it say anywhere in the employee contract/agreement/handbook/whatever that you can't be under the influence at work? If so, then yea, I'd inform the owner. If not, I'd probably tell the owner they should add it (along with the right to drug test if they want to) and have employees re-sign.

She's "tattling" on herself by looking blown out every day and making it super obvious she's toking up on the job.

I have no problem with people smoking pot. I think it should be legal everywhere and that people should be able to do it in their free time (recreationally) if they want to. But I don't think people should come to work high, drunk, tripping or under the influence in any way.

Totally agree with this. I would love to come to work drunk. In fact, sometimes i think I'd be better at my job (aka dealing with Jessica) if I were drunk. HOWEVER. I sit here every day and spend 9 hours pretending to be an adult, cuz this is a job and that's what I have to do. And then I drink when I get home. If I wasn't able to do that, and had to drink in the middle of my work day, I would check myself into rehab.

No matter what industry you're in, you should be sober at work. Unless... your job is like to test pot or something.

theartistformerlyknownas · March 2015

southernbelle0915 said:
Does it say anywhere in the employee contract/agreement/handbook/whatever that you can't be under the influence at work? If so, then yea, I'd inform the owner. If not, I'd probably tell the owner they should add it (along with the right to drug test if they want to) and have employees re-sign.

She's "tattling" on herself by looking blown out every day and making it super obvious she's toking up on the job.

I have no problem with people smoking pot. I think it should be legal everywhere and that people should be able to do it in their free time (recreationally) if they want to. But I don't think people should come to work high, drunk, tripping or under the influence in any way.

This is what I was going to say. You don't even have to name names this way... just say "I've been thinking about it, and I really think that we (collectively) need to be a little more amped up on HR policies. (Maybe throw in here that you have reason to be concerned/customers have mentioned something/etc.) I found this sample employment agreement that outlines things like drinking, drug use, x, y, and z and thought it would be a smart thing for all of us to sign."

ETA then maybe that person in question will realize shit ain't cool anymore and stop/quit on her own, but if not you'll definitely have strong grounds to fire her.

blabla89 · March 2015

Do you think the owner is genuinely unaware of the problem, or just choosing to ignore it? Have you talked with other employees about this problem? Because surely you can't be the only one who notices. And if you can get some other employees to speak to the owner as well, that may put more pressure on him to address the situation.

I think your best options are A) Say something directly, but leave the offender's name out or B ) Say something anonymously. Be prepared to detail the ways this negatively impacts the business and all the potential risks. Then leave it to the boss to figure out who that person is and what action to take.

OliveOilsMom · March 2015

The only pause I may have is if this person in question is in anyway related to the owner. If she is, the owner may put on their blinders for this person and not care of her being high at work. If she is related, I would go the anonymous letter route or say that customers have been complaining to you about the waitress.

If the waitress is not related, then I would go with Lolo's route of getting a drug policy added to the current rules.

Also, does this person leave work and drive away high? Then I would be calling the police on her, as she could hurt herself or others if she is driving while impaired.

FiancB · March 2015

Hmm when I worked at one restaurant, they didn't require a drug test as a condition of hire but they did say that if we had some sort of workplace accident that we would be tested. I assume to prove that it wasn't the restaurant's fault so they wouldn't have to pay workman's comp if the tests came back positive in any way.

So I'm not sure it's a liability, but it is super irresponsible. I would consider that to be grounds to fire even though I'm a pro-pot hippie. Not sure how to go about that though.

mikenberger · March 2015

She is not related to the owner in any way, but I know if something is said, it is her and myself and one other coworker that work together on our shift and her and the other girl are thick as thieves. And I've already had to tell this coworker of mine "If you're not going to work, just go home." (Two coworkers were play fighting/wrestling when it was time to close up and go home.) So it'll obviously be me who told the owner. I have a hard time caring if she finds out it was me, but I also don't care to make trouble for myself. I've got enough shit going on. But then it all comes back to we've got money in this business and if it doesn't succeed, we'll be out. Not like we need the money back to live on, we know it's an investment, but we want all things to work as well as they possibly can.

theartistformerlyknownas · March 2015

mikenberger said:
She is not related to the owner in any way, but I know if something is said, it is her and myself and one other coworker that work together on our shift and her and the other girl are thick as thieves. And I've already had to tell this coworker of mine "If you're not going to work, just go home." (Two coworkers were play fighting/wrestling when it was time to close up and go home.) So it'll obviously be me who told the owner. I have a hard time caring if she finds out it was me, but I also don't care to make trouble for myself. I've got enough shit going on. But then it all comes back to we've got money in this business and if it doesn't succeed, we'll be out. Not like we need the money back to live on, we know it's an investment, but we want all things to work as well as they possibly can.

And that's why I'd take the approach of "I'm a contributor to this business, and that's why I'd like to enact this business policy." Policies like that are a smart thing to have in place regardless of whether there's a current problem. This should have been in place since day one, so let's add it now.

badbnagdway · March 2015

So, in a lot of states and in a lot of businesses there is not an employment contract and employees are at-will. That doesn't mean that there aren't rules, there are state rules and then there are also rules in the employee handbook. If this business doesn't have some kind of employee handbook, or if it doesn't include something about being drunk or high while working, it would be a good idea to have that and make new employees sign something saying they have read it and will abide by its terms (after they have been given a copy and an opportunity to read it).

But yes, you should mention this to the owner (it sounds like you are also an owner, at least a minority one?).

drunkenwitch · March 2015

This is not tattling, this is a huge liability risk that could seriously cost you and the owner.

I live in a state where pot is legal, and any employee caught smoking pot or drinking alcohol on site would be fired on the spot, because job safety.

photokitty · March 2015

Can't someone anonymously call the brewery to complain about the service from the obviously high server? You have to know someone who has received sub par service from this chick, right?

thisismynickname2 · March 2015

lolo883 said:

mikenberger said:
She is not related to the owner in any way, but I know if something is said, it is her and myself and one other coworker that work together on our shift and her and the other girl are thick as thieves. And I've already had to tell this coworker of mine "If you're not going to work, just go home." (Two coworkers were play fighting/wrestling when it was time to close up and go home.) So it'll obviously be me who told the owner. I have a hard time caring if she finds out it was me, but I also don't care to make trouble for myself. I've got enough shit going on. But then it all comes back to we've got money in this business and if it doesn't succeed, we'll be out. Not like we need the money back to live on, we know it's an investment, but we want all things to work as well as they possibly can.

And that's why I'd take the approach of "I'm a contributor to this business, and that's why I'd like to enact this business policy." Policies like that are a smart thing to have in place regardless of whether there's a current problem. This should have been in place since day one, so let's add it now.

Agreed. You keep saying "the owner" but you're an investor. In this country, that gives you some legal rights, not to mention legal liability. Sorry to get all up in your business but what kind of arrangement do you have here? Is this a corporation, LLC, partnership?

kvruns · March 2015

Like others said, approach it as an owner. Right now this is a small microbrewery, but are they looking to expand in the future? If so, nipping this kind of behavior now is important to their future growth. There is a local brewery here that has exploded in growth the last few years....they have had to deal with some HR issues due to that growth. It's one thing to turn a blind eye to things when it is a small set up, but if they're looking to grow, be more active in the community, etc then public perception is important.

banana468 · March 2015

This isn't tattling. It's not about who was kissing after 3rd period French or who put the whoopie cushion on Mr. Belding's chair. You've made a business investment and an employee is doing something that is illegal and clearly impairing her ability to do her job.

Yes, you should say something. I'm also with you that I don't care what people do on their own time but they're in a business setting that involves clients. What she's doing has a negative effect on your investment. There need to be consequences.

The bar itself needs some kind of employee manual listing the rules and regulations. Among those rules should include substance abuse in general and while on the job along with how to handle the regular rules of the bar. Some places have a disciplinary code where you're out on your ass after so many offenses. I'd think about something like that.

And frankly, if the actual owner doesn't do anything then I'd sit down with him and talk about buying you out. Because there's no way I want to invest money with someone who handles my money in a foolish manner.

sarahufl · March 2015

If I had money sunk into a business, you bet your ass I would do something about people using illegal drugs on company time.

banana468 · March 2015

sarahufl said:
If I had money sunk into a business, you bet your ass I would do something about people using illegal drugs on company time.

The drugs are just a part of it though. It's the effect of the drug and her unprofessional actions that are also forcing the need for disciplinary action.

sarahufl · March 2015

banana468 said:

sarahufl said:
If I had money sunk into a business, you bet your ass I would do something about people using illegal drugs on company time.
The drugs are just a part of it though. It's the effect of the drug and her unprofessional actions that are also forcing the need for disciplinary action.

Oh, I get that. But even if she acted completely normal and professional, she shouldn't be using illegal drugs on company property.

banana468 · March 2015

sarahufl said:

banana468 said:

sarahufl said:
If I had money sunk into a business, you bet your ass I would do something about people using illegal drugs on company time.
The drugs are just a part of it though. It's the effect of the drug and her unprofessional actions that are also forcing the need for disciplinary action.

Oh, I get that. But even if she acted completely normal and professional, she shouldn't be using illegal drugs on company property.

Agreed. And if no one puts a stop to this, it's going to continue because management allows it to happen.

I'd also venture a guess to say that if it's known that she does this and no one does anything about it then it's a liability.

MyNameIsNot · March 2015

If the staff are also play fighting in front of customers, you have a couple of professional things that need to be addressed. Yes, the drugs are dangerous, but horsing around can get dangerous, too. Plus, it's really unprofessional and doesn't look good to the customers. Also, if a server is high and slips, you can probably avoid a worker's comp claim. If sober staff is playing around and someone falls, you are probably still stuck with the medical bills.

It would be easy to try to pass this off as anonymous, but then you give up the opportunity to follow up if nothing changes or clarify your concerns. Instead, I would approach the main owner about staff training/behavior overall. It's a brewery and a fun atmosphere and the staff should seem fun to customers, but that doesn't mean they should be acting like its their party.

The drug use could be a glaring example of how the staff has crossed the line and gotten out of hand.

NWR: Do I tattle?

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