Alcohol in workplace

I recently received a Due Process Form with allegations of being inside the company premises under the influence of alcohol. Based on the letter I received, it has a sanction of up to Termination.

The letter also indicated that I violated Article 282 of the labor code and higlighted 3 parts of it.

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

2. Gross and habitual neglect by the employee of his duties;

3. Other causes analogous to the foregoing.

Story behind it.

I left the office after working hours to meet our "new" foreigner assistant manager who is messaging me if we can hang out after working hours and to show him around. And then, while we are drinking, I got a call from our current assistant manager asking if I was able to send an email(an update email) to our counterpart in a different region. I told her that I'm with our new Assistant Manager and having drinks. She just laughed and told me that she will be the one to do it. I told her I will go back in the office to send that email after we're done, since my Agents are still doing the report that I should send an email about. She told me not to come as I already drank some bottles.

I came back to the office after 3 hrs and sent the update email that I was supposed to do and went home.

Recently, there was a memo that we received via our corporate email about having an alcohol free workplace - and sanctions may lead up to termination.

We were instructed to have our agents sign the memo, but honestly, I can't remember if I signed it.

Another issue is that, i had recent escalations from our clients that lead to an investigation. Based on the documentation, it says that the Root Cause of the escalations is because I was not trained to be a Team Lead properly.(i had been promoted 1 or 2 months ago)

Any advice on my next course of action?
Will my company/employer has all legal rights to terminate me?


Appreciate all the help!

Thanks!

if ever they decide for termination, there should be a hearing and you should be able to explain your side.

i recommend that you ensure that you file a response, and include the statements of your asst manager who was with you. what i don't understand is that you were told not to do it but you still did so, why?

Thanks for the response.

what i don't understand is that you were told not to do it but you still did so, why?

That's actually my fault cause I really need to send the email that I was supposed to send.

What are my chances if in case they terminate me and I bring this up in court?

none, if you don't file a case. if you do, it will depend on the evidence.

I have a similar case. My question is, what is their right to say that you are drunk or not? They only alleged that I was drunk because one of my drinking companions went to work while really drunk and told security who he was drinking with. When I came to work, they were already waiting for me and told me to go home. I explained that I had a few drinks but that was hours ago. But they wouldn't accept it. There was even no sobriety test done? It was just their word against mine.

Thanks for any help.

observation of your demeanor will be their likely basis.