fire or not to fire

[mihama01]

Have a friendly Chat first, but expect him to lie if he is doing drugs, tell him honestly that you need him back on his prescription drugs only.

(the illegal drugs are a probably a kind of self medication)

Give him a specific target date to get clean, and tell him there will be a drug test at the end of it.

Make it clear that after the drugs test, if you have any suspicions you may ask him to take another drug test at any time.

If he fails any test then fire him.

Get all this written down and signed by the both of you, if there are any events, him doing something bad to your business, or getting caught doing something illegal or even suicide then you have documentary evidence that you were both trying to help him personally and acting responsibily for the benefit of your business. The drug testing should help with any legal stuff that follows.

Hope that helps

[PizzaMonster]

I think mihama01 is on the right track.  It also sounds like he has some experience in this area.

If I can add my two cents, before you test him you make sure you have some type of written drug policy in place that spells out your reasons for testing and the consequences of a positive test. 

In the transportation industry, (where I lived my past life) there are four common types of testing:  pre-employment, for cause (reasonable suspicion),  random and post-accident.  I doubt if you fall under US DOT regs so you can set your own policy and you may not want to include all four types of test.  As far as the consequences of a positive, some companies may offer rehab assistance and a second chance (expensive and risky) while others may insist on immediate dismissal.   It would also depend on the person's job descripton.  A driver who fails a test is pretty much a no-no.

You can probably find a usable pre-packaged template if you surf around the net a bit looking for "drug and alcohol policy".  You might not need anything elaborate but it really should be a well-publicized written company policy.  Just customize it for your needs and give every employee a copy of it. 

Once he gets his copy of the policy it might be easier to discuss the subject with him.   Maybe it will clear the way for a frank discussion.  Maybe he will feel the "gig is up" and he will either seek help or quit on his own.  If it doesn't work out that way, and you still suspect something isn't quite right, test him and follow your policy.  At least no one can say you were unfair or set the guy up this way.

Isn't being a boss fun?  Your predicament reminds me yet again why I am so happy I left that life behind me !!