Being drunk at work can lead to discipline or termination, especially where safety, trust or workplace rules are involved.
But an accusation of intoxication does not automatically allow an employer to fire a non-unionized employee for cause without severance.
Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia understand their rights when alcohol use, workplace discipline or termination becomes an issue.
⚠️ Fired for being drunk at work?
Do not assume you are owed nothing. The employer still has to justify a termination for cause based on what happened, your role, the workplace rules and the surrounding circumstances.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page:
- 1. What Happens If You Are Drunk at Work?
- 2. Can You Be Fired?
- 3. Termination for Cause
- 4. Alcohol Addiction & Accommodation
- 5. Safety-Sensitive Jobs
- 6. Wrongly Accused?
- 7. Workplace Alcohol Policies
- 8. Severance Rights
- 9. Common Questions
What Happens If You Are Drunk at Work?
An employer can investigate and discipline an employee who appears intoxicated at work.
The response can range from a warning to termination, depending on factors such as:
- How impaired the employee appeared
- Whether alcohol was consumed at work
- Whether safety was put at risk
- The employee’s job duties
- Whether workplace policies were violated
- Whether there were previous incidents or warnings
- Whether a disability or addiction may be involved
The employer should look at the full circumstances before deciding what discipline is appropriate.
Can You Be Fired for Drinking at Work?
Yes. Drinking or being intoxicated at work can lead to termination.
However, there is an important difference between being terminated and being terminated for cause.
An employer can terminate a non-unionized employee without cause as long as it provides the notice or severance the employee is legally owed.
To fire someone for cause and deny severance, the misconduct must be serious enough to justify that result.
? Being fired does not automatically mean you lose severance.
The employer’s decision to end your employment is separate from whether it can legally deny you compensation.
Can Being Drunk at Work Justify Termination for Cause?
It can. Serious intoxication may support termination for cause, especially where there is a significant safety risk, dishonesty, repeated misconduct or clear prior warnings.
Factors that can matter include:
- Whether the incident was isolated or repeated
- Whether the employee endangered themselves or others
- Whether the employee works in a safety-sensitive role
- Whether a clear workplace policy was broken
- Whether the employee had received previous warnings
- Whether the employee was dishonest during the investigation
- Whether addiction or disability is involved
Read more about termination for cause.
What If Alcohol Addiction Is Involved?
Alcohol dependence can be a disability protected by human rights law.
If an employer knows, or should reasonably know, that addiction may be connected to the misconduct, it may have a duty to consider accommodation rather than treating the situation only as a disciplinary issue.
Accommodation can include measures such as:
- Medical leave
- Treatment or rehabilitation support
- Modified duties
- Return-to-work conditions
- Follow-up medical information where appropriate
The duty to accommodate does not mean an employer must ignore serious safety issues or repeated misconduct. It means the disability must be considered before a final decision is made.
Learn more about the duty to accommodate and if addiction is a disability in Canada.
What If You Work in a Safety-Sensitive Job?
Alcohol-related misconduct is more serious where impairment could create a risk of injury or significant harm.
Examples can include employees who:
- Drive vehicles
- Operate heavy equipment
- Work with dangerous machinery
- Perform safety-critical duties
- Have responsibility for vulnerable people
In these roles, an employer can have stronger reasons to remove the employee from duty immediately while it investigates.
What If You Are Wrongly Accused of Being Drunk at Work?
Ask the employer to explain exactly what it says happened and what evidence it is relying on.
Signs that an employer interprets as intoxication can sometimes have another explanation, including illness, medication, fatigue or a medical condition.
Keep relevant records such as:
- Emails or messages
- Witness information
- Medical information where relevant
- Workplace policies
- Disciplinary documents
Do not alter evidence or pressure coworkers to support your version of events.
What if your employer launches an investigation?
Respond truthfully and professionally. Correct inaccurate facts and provide relevant context.
Read our guide to workplace investigations.
Can an Employer Ban Alcohol at Work?
Yes. Employers can create reasonable workplace rules restricting alcohol use and intoxication.
Policies may prohibit:
- Drinking during working hours
- Reporting to work impaired
- Possessing alcohol in certain workplaces
- Operating vehicles or machinery after drinking
Clear policies and consistent enforcement can become important if the employer later relies on a breach as grounds for discipline or termination.
What about alcohol at a company event?
Employees can still face workplace consequences for serious misconduct at a work-related event, especially where behaviour affects coworkers, safety or the employment relationship.
Do You Get Severance If You Are Fired for Being Drunk at Work?
You can. If the employer can’t establish just cause, you may still be entitled to notice or severance following a termination without cause.
For employees entitled to common-law notice, severance can be as much as 24 months’ pay and can depend on factors such as:
- Age
- Length of service
- Position
- Compensation
- Availability of comparable work
- Employment contract
Read our guide to severance pay in Canada or use the Severance Pay Calculator.
⚠️ Your termination letter says “cause” because of alcohol?
Do not assume that means you are owed nothing. Have the circumstances reviewed before signing a release or accepting the employer’s position.
Drunk at Work: FAQs
Can you be fired for being drunk at work?
Yes. An employer can terminate an employee for alcohol-related misconduct. Whether the employee can be fired for cause without severance depends on the seriousness of the situation.
Can one incident lead to termination for cause?
It can. A single incident can be serious enough in some circumstances, particularly where safety, violence, dishonesty or major workplace harm is involved.
Can you be fired for drinking at lunch?
Yes, especially if the employee returns impaired or violates a clear workplace rule. The consequences depend on the facts and the employee’s role.
Can your employer send you home if it thinks you are drunk?
Yes. An employer can remove an employee from the workplace where it has legitimate safety or misconduct concerns while it investigates.
Can alcohol addiction protect you from being fired?
Addiction can trigger human rights protections and a duty to accommodate. It does not give an employee unlimited protection from discipline or serious safety consequences.
Can you be tested for alcohol at work?
Workplace testing is a separate legal issue and depends on the nature of the job, safety concerns, workplace policies and applicable privacy rules.
What if your employer wrongly says you were intoxicated?
Ask for the allegation and evidence in writing where possible, document your version of events and provide any relevant medical or factual explanation.
Should you resign after an alcohol-related incident?
No. Do not resign simply because you believe you may be fired. Resigning can affect your severance rights. Get advice first.
What if you’re unionized?
Your collective agreement governs discipline and termination disputes. Contact your union about the incident and any grievance deadlines. Samfiru Tumarkin LLP’s employment law team does not assist with unionized workplace disputes.
Fired for Being Drunk at Work?
Alcohol-related misconduct can be serious, but it does not automatically eliminate your severance rights.
If your employer fired you for cause, accused you of being intoxicated or ignored a possible addiction or disability, get advice before signing anything.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their termination, accommodation and severance rights.
Before you sign, always check first.
➡️ Get Legal Advice or call 1-855-821-5900.