Can Your Employer Dismiss You for Cocaine Use in Your Private Life?
Instant dismissal for off-duty drug use: is it allowed?
Imagine this: you use cocaine over the weekend, test positive at work, and refuse to enter a rehabilitation program. Can your employer fire you on the spot? A landmark 2007 ruling by the Dutch Supreme Court addressed this very question in a case between a Hyatt Aruba employee and her employer.
This ruling remains highly relevant today, especially as employers increasingly implement strict behavioral and integrity policies, extending beyond working hours.
The case: cocaine use and refusal of help
The employee had worked as a casino beverage server at Hyatt Aruba since 1990. In 2002, she participated in a mandatory “Drug-Free Workplace Policy” training and signed a written acknowledgment that a positive drug test could lead to dismissal.
Still, in 2003, she tested positive for cocaine in a random drug screening. A second test confirmed the result. She was then given a choice: enter a rehabilitation program, resign, or be dismissed. She refused treatment and was fired on the spot.
She challenged the dismissal in court, arguing that her drug use occurred in her private time and that her employer had no right to interfere in her personal life.
Invasion of privacy: where is the line?
The Supreme Court acknowledged that instant dismissal does, indirectly, infringe upon an employee’s private life. But the key question was whether this intrusion was legally justified.
The court concluded: yes, in certain cases it is. A Dutch employer may consider private behavior in assessing whether immediate dismissal is warranted, especially when:
the drug use was recent (e.g. within 72 hours before a work shift)
the substance is still traceable in the employee’s body (such as through a urine test)
the behavior poses a risk to job performance or the company’s reputation
the employee refuses a reasonable alternative, such as rehabilitation
In this case, the employee had agreed to the policy, understood the potential consequences, and held a customer-facing role. That gave Hyatt sufficient grounds to act.
Why this ruling still matters
This ruling confirms that employers may, under strict conditions, set boundaries on their employees’ private conduct, particularly when:
the employee has a representative role
the off-duty behavior could affect safety or damage the employer’s image
the policy is clearly communicated and applied with care
Employers cannot arbitrarily intrude into private life. But if they have a legitimate interest and apply their policy proportionally and transparently, even severe measures such as instant dismissal can stand up in court.
What can employees and employers learn from this?
For employees, it’s important to understand the company policies you agree to. What you do in your free time isn’t always entirely “private”, especially if your conduct affects your job or you work in a sensitive or public-facing position.
For employers, this ruling provides guidance on drafting and enforcing policies around drugs, conduct, or off-duty behavior. Key steps include:
clear communication and training on the rules
written confirmation that employees accept the code of conduct
proportionate sanctions
offering a chance to recover, such as through professional support
Conclusion
The Supreme Court made one thing clear: private behavior can justify dismissal, if the policy is clear, the conduct demonstrably affects work, and the employee has been given a fair opportunity to remedy the situation.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
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June 2025
