One of these legal questions that I'm sure has an answer, only I have no idea what it would be.
Say an employee shows up at work drunk. The boss wants to fire them. Can the boss fire the employee right then, when they're still drunk, or do they have to wait for them to sober up first, and then fire them?
I'm sure there's an answer. Firing them immediately removes the danger (or whatever) to the workplace. Waiting for them to sober up first lets them appreciate the actions taking place (but also places the boss in a caretaker position).
I'm betting it's the latter, that the boss has some duty of care not to send out a drunken employee into the world, now distraught, and foreseeably not capable of making good decisions.
I'm sure this has been litigated somewhere. It must have been. Too bad I no longer have the tools to access the answer.