I manage a warehouse, and one of my employees got into an accident driving a forklift. No one was hurt, but our protocol is to test for drugs after an incident. The driver tested positive for marijuana, but he said he didn’t use on the job. HR says we can’t fire him. This is crazy. I don’t want to be responsible for safety if I can’t do my job. How do I protect myself?
Crazy is right.
With patchwork laws that vary state to state, and with inconsistent company policies and practices as a result of trying to navigate this ambiguous environment, it isn’t easy being a manager today.
One of the problems with legalizing marijuana — besides the fact that it stinks (and fresh air is hard enough to find in NYC) — is that testing doesn’t tell you much about using on the job, because it can be detected for days or even weeks after use.
Can you fire him for driving recklessly?
To protect yourself, make sure that you follow the company policies for health and safety exactly, and promptly document and report every incident so that you can demonstrate that you did everything required.
And if your company won’t operate safely, then find another job and report them.
In January I got a performance evaluation that said I was doing good work. Yet, five months later, I was notified that I am being terminated for poor performance. I’m 58 and can only assume that my age has something to do with this. What is my recourse?
I’m sorry that you’re losing your job, but before you jump to conclusions, there are some things to consider.
Did your job or boss change since your last performance review?
Also, it’s not uncommon for two people to walk away from a discussion with very different perspectives on what was said.
Managers are notoriously bad at giving direct, candid feedback, and employees sometimes hear what they want to hear.
Explain your confusion to HR and ask them to clarify how you can lose your job due to a performance issue a few months after a perceived good review. Ask for a copy of your evaluation to see what was written and on file.
If you still feel the termination was unjust, seek the advice of an attorney.
Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Weds. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. Email: GoToGreg@NYPost.com. Follow: GoToGreg.com and on Twitter: @GregGiangrande