Add Comment Question: Our company has laid off a Sous Chef for the winter months. During this time he asked to work any available hours painting the kitchen etc. We agreed and paid him by the hour through payroll and told him he would have to report these hours. The problem is he was very unreliable, not showing up when he said he would and not even calling. When we confronted him & told him he was not required to work during this lay-off put that we needed to know because the work needed to completed he said he wanted to work & would come in when scheduled however things did not improve. We suspected a drinking problem and he has since admitted it. Now he wants to come back to work but we are concerned because of the dangers working in the kitchen with knives etc. and so told him we would require a Dr.s note clearing him for duty. He came back with a note stating he was cleared for cleaning duties only. What are our rights as employers. Can we continue to ask for Dr.s notes? Can we require daily or weekly testing for alcohol? Can we put him on a "trial period" of 3 months? Can we release him with severance pay? Can we change him from a salaried employee to an hourly paid employee? Thank you very much. Answer: Given that this employee has an apparent alcohol problem and has submitted a medical note requesting modified duties, it is very important that you handle this situation carefully. Requiring him to undergo a "trial period", terminating his employment, or demoting him to an hourly employee may result in a Human Rights claim made against your company. The complexities of this situation require that you contact legal counsel to determine how you should move forward in a way that limits your company's liability and treats your employee in accordance with the laws of Ontario. Please contact our firm to determine exactly how we can assist you regarding this complex situation. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.