Curious how people would handle associate who blew a 0.22 (nearly 3x legal limit) after crashing car (not injuring anyone, but a serious crash) leaving the firm holiday party.

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Without knowing your jurisdiction, from a liability perspective, as the employee attended a firm-sponsored event then caused a DUI crash while driving home from said event, the firm could be liable.

It seems, however, that you are seeking advice as to how to discipline the associate. I think the only appreciate form of discipline should be some type of mandatory rehabilitation or drug and alcohol counseling to maintain employment.

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Require 30 day inpatient treatment program before return to office. As MP, I did this for a colleague that was sent home from client site in a cab apparently under the influence. It changed that lawyer’s life. Our firm was supportive. Not terminated for it. Went to visit my colleague in rehab. Fortunately it was a success story.

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Drunk at a client before lunch. As I dug a bit deeper many people knew the partner has a problem.

Tell them not to do it again. We offer Uber reimbursement for a reason. Next time you're fired and we'll mail you your stuff.

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If this was a one time event that person should not lose their job. If the history of this individual indicates that this is pervasive conduct, I would first have a serious conversation and offer to help them find the right avenue to deal with the issue. If they reject this kindness, they’re out the door.

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A supportive approach with commitment from the Associate to rehab and/or education is the best approach. Our firm provides hotel rooms or paid transportation/rideshare for anyone attending our holiday party. Attendance is usually 400-500 people for perspective. Best investment for piece of mind.

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Before you take action, I would want to know whether, and to what extent, the firm could be liable. I would also want to know whether you, as the employer, have the right to take any action against the employee for out-of-office activity.

As a philosophical matter, I don’t believe that the associate should lose his/her job. I believe in second chances. I believe that some leniency is called for because, if for no other reason, the drinking occurred at a firm event. Let your firm be known for its fairness and balance, rather than its strict adherence to the rules.

I wouldn’t fire them unless it’s a repeat issue. Someone who has a relationship with them should talk to them one and one. They should be told it’s alright to seek help. They should be asked to stick to soda water at the next function.

If it or anything similar happens in the future, I’d probably ask them to leave the firm.

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