Is it normal to be fired for a DUI?

Question

I got hired at a job as a delivery driver. I told them before I got hired that I had a DUI. They hired me. I worked for about two months driving their vans the whole time during the period. I come in one day and they said because I have a dui they couldn’t keep me any longer. Is this normal?

Michael Nichols · Answer

In your case, unfortunate bit not surprising.

Ajibola Oladapo · Answer

You cannot be a DUI convict while working  as a delivery driver. The two are related. You may well be fired. In the event that you a charged with another DUI and convicted  while driving the company vehicle in the cause of your duty as a delivery driver, you will be regarded as an agent of the company , making the company fully  liable  for your acts. To avoid that possible liability therefore,  they fired you.

Thomas Tomko · Answer

I do not know what is normal, and suspect that the policy will vary by employer.  In an employment where driving is required, the employer may need to maintain auto insurance.  The rate for insurance may increase if a driver has a DUI.  Therefore, the business may have a policy of not hiring persons with DUI convictions.  Also, there is the possibility that an employer could get sued based on a person drinking on the job and driving.  Again, this may be a criteria for hiring or firing.  I hope that this was helpful.

Thomas Mueller · Answer

It doesn't sound normal to me. On the other hand they do have an interest in  insuring their drivers are the highest quality. If you have questions re illegal  termination call an employment lawyer.

Terry Nelson · Answer

For driver positions, sure.  Im surprised they hired you.  Their insurance would generally prohibit hiring anyone with a poor driving record.

Michael Palumbo · Answer

It does not sound "normal" to me, but that does not mean it's illegal. You need to consult with an employment attorney. If you would like a referral for an employment attorney, we can be reached toll free.

Andrew Subin · Answer

Unless you had an employment contract, they can fire you for any reason or for no reason at all.

Jared Austin · Answer

It depends on what you mean by normal. A lot of jobs where driving is the main requirement often will fire or at least demote employees who get DUIs. I would ask them why they apparently changed their minds when they were already privy to the knowledge that they fired you for. Most employment is "at will" meaning that you can literally be fired for just about any reason or no reason at all, as long as the reason is not discriminatory.

Jules N. Fiani · Answer

If you are an employee at will the employer is not required by law to give you a reason to discharge you unless you are in a union or you have an employment contract or your employment is governed by an employee handbook. In those cases discharge from employment is governed by a union contract, an employment contract, or the employee handbook. Otherwise an employer can discharge you without any reason whatsoever.   If you have further questions, feel free to call.

Samuel H. Harrison · Answer

I'm surprised that your former employer hired you at all. Company policies vary, but the higher cost of insurance alone means most companies will not hire a person with a DUI as a delivery driver.

Scott Hilderman · Answer

If you live in Montana, there is a statutory probation period for new employees of six months.  During the six months you can be fired for any reason.

Seth Bloom · Answer

It will depend largely upon their company policy and how they handle criminal records. It certainly seems strange that they would have hired you and then fired you if they were aware of a DUI conviction the whole time.  You should consult with a local employment attorney to determine whether you might have an employment discrimination case.

Theodore W. Robinson · Answer

It is unfortunate, but not abnormal. What probably happened was the insurer for  the company trucks finally took a look at the drivers' records for the company  and came across your DWI and issued a memo to the company that they would cancel  the insurance policy if they kept you on as an employee. Sorry, but that is one  of the realities of carrying a criminal record. I'm sympathetic to your  plight, but there's nothing that can be done about it since employees work at  the favor of the their employer. Good luck.

Craig Elhart · Answer

It depends on the type of job and company policy.  Many insurance companies will not insure a driver who has a OWI on his/her record for a period of time leaving an employer no choice but to terminate the employee in order to maintain insurance coverage.  Since Michigan is an at will employment state, an employer can terminate someone who is not under an employment contract for any reason or no reason just not an illegal reason.  Without more details, I cannot provide a more precise answer.

Leonard Harden · Answer

I don't know what is normal.  I practice exclusively criminal defense, but remember from law school almost 18 years ago that employment is at will. This means that you can be let go for no reason at anytime, and that you can quit at any time.    It is my opinion that the company probably was in a bind, used your services and then found someone that met the actual requirements of no DWI conviction.  Sorry and good luck in your job search.

Gabriel Dorman · Answer

It is not unusual for a company to let someone go as a result of a DUI conviction especially where one of the job requirements is driving as this potentially creates a huge liability for the company. Sorry that you lost your job.

Andrew Roberts · Answer

While it might not seem fair, there is nothing to prevent them from firing you. They probably received some notice from   their insurance company. Premiums would to high to keep you.

Philip Hache · Answer

I have heard of this, particularly where the job duties entail driving.  You should consider getting an expungement to help avoid this issue in the future. I can be reached through 1duilawyer.com and have successfully expunged DUI's in the past.  Feel free to contact me to discuss in further detail.

Jeff Yeh · Answer

Yes, it is normal. They need to protect themselves from lawsuits. God forbid, a DUI employee injures a pedestrian, who then sues. You might want to talk to a labor attorney, since they did hire you with full knowledge of the DUI.

Robert Driessen · Answer

Employers in California may discharge you at anytime. Normally a company would not hire someone for a position that requires driving when they have a recent DUI on their record. It seems unusual that they hired you after you informed them of the DUI conviction and then turned around and let you go. However these things do happen.

Seyyed Sharifi · Answer

DUI's, especially in Utah, carry a number of collateral consequences that may not be outlined in court. For example, the suspension of your driver license, in the inability to enter Canada, and of course getting fired. It would depend on the type of work you do, but Utah is an "at will" state and firing someone for a criminal conviction, particularly one involving drugs or alcohol like a DUI,  is acceptable in many circumstances, . If you really believe it was unfair, I would suggest speaking with an employment attorney.

Jason Pollack · Answer

New Jersey is an "at will" employment state.   Therefore, you can be fired for any reason or no reason at all.   Unless you are in a protected class : religion, race etc.  You probably have no cause of action.

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