Hi, I Am a private job employee today I got a show cause notice regarding being under the influence of alcohol. Since I am im 3 to 12 afternoon shift yesterday I reached my home at nearly 2am and had a birthday party of my friend im which we had consumed drinks which last up to 4 or 4:30am than I went to sleep and today I directly came to office without having food. In office my team leader smells some alcohol smell and reported to admin for testing which was 0.063%. Now today hr gave me show cause notice. But I havenít consumed alcohol today it was the smell of last night drinks.
Plz help me out with this, how should I reply and what can happen to me, since i have only 1 day to reply
30th September 2019 From India, Delhi
Dear Avinash,
Problem of your binge-drinking became evident because of your smell. You could have been cautious on this count. Wikipedia gives information on Blood alcohol content (BAC).
You may give a reply to the show cause notice on not consuming drinks for 10 hours before reporting for the duty.
Your BAc was .063%. But then has your company defined the limits of BAC? Are these mentioned in the standing orders of your company? If the limit has been crossed then your company may take a disciplinary action against you. But then at this stage, other than asking for apology, nothing can be done as such.
If the BAC limits are not defined and if the company takes disciplinary action against you, then you may challenge it. Neither you had consumed alcohol while on duty nor preceding 10 hours before the commence of the duties. However, taking on your company on this is not easy.
Thanks,
Dinesh Divekar
30th September 2019 From India, Bangalore
Hi sir,
Thank you very much Mr Dinesh for your help.
One last thing I want to ask you that what things actually i have to mention in my reply to this show cause notice because i am unaware of my companyís BAC limits.
Regards,
Avinash
30th September 2019 From India, Delhi
Dear Avinash,
It would have helped, had you attached the copy of the SC Notice to draft an appropriate reply.
In the absence of that , you reply that the charges levelled against you are false and are motivated to harass you. You also state that on the day of the alleged charges you performed your normal duties and neither indulged in any indecent behavior nor used any abusive language and caused harm to anyone .( Check for facts as I am stating this on assumption.)
If the management is not satisfied with this reply , they may issue you the charge sheet and proceed to hold domestic enquiry at which stage you approach this forum again for further advice.
Regards,
Vinayak Nagarkar
HR- Consultant
1st October 2019 From India, Mumbai
Hi
Below is attachment of my show cause notice regarding under influence of alcohol. I am in 3 to 12 afternoon shift. I reached home at about 2am at home nd had friends birthday party where i had drinks nd went to sleep and directly went to office without having food at 3.00pm . Where at approximately 5.30 my manager came to me nd smelled some alcohol smell nd reported to admin department for alcohol test which was 0.063%. But I havenít drink alcohol at office and not in office hours. It was the smell of last night party.
Plz help me out with this.
And plz tell me what to mention in reply to the notice
I have only today to reply.
1st October 2019 From India, Delhi

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Hi Avinash,
I agree with Dinesh that whether the BAC limits have been mentioned in the company policy or on whether you are aware or unaware of these limits, is what can be focused on here. Judging from the letter it is most unlikely that a company code of conduct policy would state in detail BAC limits.
Another factor is that you can also request for copies of the medical test reports conducted by the company so that you can take a second opinion from a medical practitioner on whether the medical test procedures have been conducted correctly.
This is because in India if your BAC is above .030%, you are not permitted to drive. So, if your BAC was found to be at .063% then that should indicate that you were in an intoxicated state in office. This has not been mentioned in the showcause notice issued to you.
Ideally, after drinking, within 6 - 8 hours the alcohol should have been completely metabolised from your blood, but the smell would remain in your breath for at up to 12 hrs. This does not mean that you are drunk.
So, if you had been drinking till 2am and haven't drank alcohol after that, then by 5:30pm, the chances are less that your blood would still hold this much of alcohol content to the level of .063%.
There is therefore the chance that the medical tests may not have been conducted correctly.
1st October 2019 From India, Bengaluru
Dear Avinash,
Suggested draft reply as under:
" I have received your show cause notice dated 30 the September,2019 and wish to state that I was not under the influence of liquor on duty as stated by you. Previous night , at my friend's party i did have drinks but reported for work after about 12 hours of having drink. Therefore I reported for duty not in drunken state and performed my normal duties without any act of indecent behaviour.
The alleged alcohol test was not properly carried out and I was not informed of the reading. I was never informed of company's policy or any code of conduct regarding limits of alcohol content beyonds which it amounts to misconduct.
My past record of service is spotless and by any chance I have transgressed any limits, I request you to take lenient view and pardon me."
Regards,
Vinayak Nagarkar
HR- Consultant
1st October 2019 From India, Mumbai
Avinash,
The suggested draft above as can be seen is on the basis of some presumptions and you may edit it as per the facts and circumstances.
Regards,
Vinayak Nagarkar.
HR - Consultant.
1st October 2019 From India, Mumbai
The crucial issue is whether you were "under the influence of liquor" i.e. indulging in inappropriate behaviour because you were drunken. However, in a administrative proceeding, the degree of proof required is that of preponderance of probability. It would be in your interest if the matter could be settled amicably.
2nd October 2019 From India, Kochi
Dear colleague,
The sc does not allege that the employee misbehaved under the influence of the liquor. It also does not allege that he was drunken as you have stated . The employee's behaviour will constitute serious misconduct when under the influence of liquor he misbehaves, abuses or fails to perform his normal duties. The consequence of his behavior on other co workers or on the smooth working will be of essence. These facts , if at all so, have not been brought up by the employee or sc notice.
It is questionable if an employee in spite of being under the influence liquor behaves normally and performs his normal duties well can be subjected to disciplinary action. Although I do consider reporting for work with smell of liquor is not a decent act but it should be looked at as minor aberration and does not call for serious action. Let the employee apologize and be let off.
Regards,
Vinayak Nagarkar
HR- Consultant.
2nd October 2019 From India, Mumbai
Hi,
As I mentioned before about my issue. Know i received the letter of termination from the company today nd i have been asked to come to office tomorrow for full nd final settlement. Tell me what to do know.
Can I challenge this termination letter.
4th October 2019 From India, Delhi
Dear Avinash,
Before any advice can be given ,
Please provide following information:
1 Did you reply to the SC notice? If yes, please send the copy of the reply.
2Were you issued with any chargesheet ?
If yes send the copy.
3 What is type of your company's business? Manufacturing or service ?How many employees work?
4 What is your designation and brief nature of duties, your salary and whether any employees report to you.
This might help in assessing whether you are a Workman or not.
5 A copy of the code of conduct or relevant clause relating to alcohol consumption/ content limits
Prima facie your termination appears to be illegal as no domestic enquiry was conducted into the allegations.
We shall revert after above info is provided.
Regards,
Vinayak Nagarkar
HR- Consultant
4th October 2019 From India, Mumbai
Hi,
Below is the attachment of my reply to show cause notice and my termination letter and my work type nd company is mentioned in it. nd i am an process associate in bpo sector. No body works under me. And i am not aware of BAC limits of my company as it is not mentioned in my office letter or joining letter. Nd also not mentioned in termination letter only mentioned is u have violated code of conduct. Plz help me out with this.
4th October 2019 From India, Delhi

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Dear Avinash,
As I have expressed earlier, your termination is patently illegal from what documents you have provided.
You have full recourse to the Authorities under the Industrial Disputes Act ie Labour Commissioners' office first and then Labour Court.
Since it is going to be long drawn out legal battle, you need to take help from good labour lawyer for drafting letters/ filing case against the company.
Firstly, you send immediately a letter stating that the action of the management of termination is patently illegal, unjustified as no specific charges were levelled against you, no domestic enquiry was conducted and no fair opportunity given to defend your case. Besides, the action of termination is disproportionate to the gravity of the alleged misbehaviour as well as past unblemished record was not considered. Therefore, the letter of termination be with drawn forthwith and you should be reinstated in the service without any interruption failing which you will have no option but to take appropriate legal action.
These are some of the points and your lawyer may add a few while drafting this letter.
You have to make a demand on the company for your reinstatement in the above letter.
If you decide to fight it out legally, you need to have good patience . At the same time , you need to look for another job for sustaining this battle.
Regards,
Vinayak Nagarkar
HR- Consultant.
4th October 2019 From India, Mumbai
Hi,
Kindly tell me what actually i have to mention in reply to my termination letter as i am totally unaware about this. Plz send me relevant letter which I should send..
4th October 2019 From India, Delhi
Hi,
One more this i want to ask do i have to report to office tomorrow as i am asked to report for full nd final settlement else company my take legal action against me as mentioned in termination letter. Plz reply asap
Regards,
Avinash
4th October 2019 From India, Delhi
Hi,
I have also replied to the termination letter. Below is the attachment.
4th October 2019 From India, Delhi

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Hi
Plz reply I havenít visited to my previous office till now for final settlement. Do i have to go.
Nd plz tell me do they blacklist me in this bpo industry for this issue. Nd can I mention this work experience in my resume for next company . If I mention can then clear my verification since i am doing legal actions regarding them
Plz do needful
7th October 2019 From India, Delhi
Plz reply i am waiting since 2 days I donít have another option. I need ur help. I asked a lawyer but he is manipulating me nd all. I want to fight for my justice since I know I havenít done anything wrong.
7th October 2019 From India, Delhi
Dear colleague,
You need to wait and watch for some days till the company replies to your letter on termination.
Revert for further advice later.
Regards,
Vinayak Nagarkar
HR- Consultant
7th October 2019 From India, Mumbai
Hi,
As I mentioned plz tell me do i have to visit company for my final settlement of salary or not. As I havenít since my termination.
7th October 2019 From India, Delhi
Plz,
Reply for this as well. since i need money nd i have my money with this company so i am asking u can i go nd do (FNF)Full nd final regarding my salary. Or I should wait for that as well.
Plz do needful
7th October 2019 From India, Delhi
Dear Avinash,

As advised , collect your F&F settlement if you need it but accept " under protest".

You can choose to go personally .

Regards,

Vinayak Nagarkar
HR- Consultant
9th October 2019 From India, Mumbai
Hi,
I received an E mail in reply to my mail to company.
Below is the attachment of that mail. Plz advise.
Regards,
Avinash
11th October 2019 From India, Delhi

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Dear Avinash,

From company's reply, it is obvious that it is sticking to their guns albeit wrongly and you should refute and demolish their false contentions. This is going to
be a legal battle, and I won't be advising you from here every now and then. You engage the competent local lawyer for further drafting the reply in order to lay legally strong foundation.

I can only assure hou that you have strong case and you should fight it out till last.

Thank you and wish you good luck.

Vinayak Nagarkar
HR- Consultant
11th October 2019 From India, Mumbai
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