>>Q. What do you do when you suspect an employee is intoxicated on the job?

If you have a reasonable suspicion that an employee is under the influence of drugs or alcohol on the job, meeting that person in a nonconfrontational setting and stating that you have noticed something could be the best way to proceed.

According to Taunda Nestor, national account manager for Coastal Health Management Services, companies adopt various procedures that address "reasonable suspicion," which is one of the three approved reasons for companies that participate in the Florida Drug Free Workplace program. The other two are as pre-employment and post-accident requirements.

To have a Drug Free Workplace, policies and procedures must be in place and employees must state in writing that they are aware of them. Coastal Health Management Services writes procedures for clients free of charge. The Florida Division of Workers' Compensation also provides assistance.

"Do not make accusations," advises Nestor. "Instead, state that something has been noticed. It could be that you've observed unusual behavior, you've smelled alcohol, you're concerned about

a drop in productivity or another employee has witnessed something. State that you want a drug test to rule out the possibility of drugs or alcohol."

Other employees do not need to know what is happening. Depending on the size of the company, the employee might be called into a meeting with a supervisor and a human resources representative. With a small company it might be just the owner and the employee.

After a brief talk-during which the employee is given the opportunity to admit to anything-drive him or her to the testing place. Although Coastal Health Management Services conducts on-site tests, most drug tests are off-site. You do not want an employee you suspect of intoxication driving to a drug test, and you do not want to give him the opportunity to change the outcome of the test.

"I suggest that the employer call a cab after the employee returns, and pay for the cab to take that person home," she says. "If drug or alcohol use is discovered, refer to company policies and procedures for disciplinary consequences. The charge for drug testing is minimal; especially when you think of what a problem undetected could lead to."

Q. What can you tell me about franchises, and what would be my first step in learning about investing in a franchise?

People invest in franchises to establish relationships with successful businesses and benefit from the experience of others, according to Jeanne L. Seewald, a shareholder in the Naples office of Fowler White Boggs Banker, P.A., and chair of the Florida Bar's Intellectual Property Law Committee of the Business Law Section.

"The franchisor has paved the way," she says. "You use its name, system and management tools to create your own successful business."

Not only should you interview the franchisor, she adds, but that franchise should interview you. A franchisor wants its franchisees to succeed, not only because its good name depends on their success; the franchisor will collect fees from you on a regular basis, and has a vested interest in seeing that you do well.

Look for unusual or niche opportunities, as some of the better-known franchises, such as McDonald's, are more expensive and difficult to obtain.

"The more obscure franchises can be diamonds in the rough," she says. "People often search for unique franchises that might have the potential for greater returns down the road."

After you contact a franchisor, it will send you information. The next step is to evaluate the Uniform Franchise Offering Circular, which discloses business history, potential litigation, franchise fees, required initial equipment investment as well as restrictions on products, services and trademarks.

"The role of an attorney is to walk the potential franchisee though the franchise agreement to make sure that person understands his or her legal rights," Seewald explains. "As far as earnings capability and how well this business concept fares in other locations, it is up to the potential franchisee to investigate."

With a franchise, the importance of extensive homework cannot be over emphasized, according to Seewald. Many important considerations, such as territory, can make or break the investment.

She advises that potential investors visit other franchises and interview owners about their experiences. Franchising consultants review the businesses, but hiring one is an extra expense. A tremendous amount of franchise information also is available online, but most Web sites will try to sell you something.

"Buying into a franchise is not a situation that lacks risk," she says. "Franchising can be a great way to make money, as long as you do your homework and approach each investment with knowledge and understanding."