QUESTION
With my DWI arrest is that enough grounds for termination?
Asked on Apr 11th, 2013 on DUI/DWI - Idaho
More details to this question:
I had an accident and was arrested, ticketed for DWI immediately after reporting to my supervisor what’s the difference in charge / convicted and was my termination justified, I’m a trucker but incident was in my personal vehicle not work related.
11 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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A conviction would effect your CDL; however you haven't been convicted yet depends whether you have an employment contract and what the terms concerning this type of violation states.
Answered on Apr 16th, 2013 at 10:25 PM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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If you do not have an employment contract, you are most likely an employee at will and can be fired for most any reason except for protected classes of reasons such as race or gender.
Answered on Apr 15th, 2013 at 9:39 PM
Michael J. Breczinski
Yes It still reflects on your driving safety.
Answered on Apr 15th, 2013 at 8:45 PM
Bruce A. Coane
Unless you have a contract or a union, that is normally sufficient to terminate. Of course you may have some rights to file a complaint or a lawsuit.
Answered on Apr 15th, 2013 at 8:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely, it is grounds for termination. I am sure if you look in your employee manual you will see this issue addressed. Regardless, if you have a commercial drivers license it is zero tolerance. If you are convicted of the DUI and you have a CDL, you will lose your CDL license (as well as your regular license). The CDL loss is for good.... even if you are convicted of driving your own personal car. My advice: get an attorney top help you with the DUI..
Answered on Apr 15th, 2013 at 7:54 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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As a professional driver your license is your most important asset, unfortunately, you now have a problem pending, I assume that your employer insures you on their vehicles and so they probably can suspend you and or terminate your employment. If you are union or have an employment contract you may have legal recourse. You should consult with a DUI attorney regarding the defenses you have to the DUI and an employment attorney regarding your legal rights.
Answered on Apr 15th, 2013 at 2:33 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Your arrest is indeed sufficient grounds for termination.
Answered on Apr 15th, 2013 at 1:58 AM
Yes, in GA, an employer may fire you for this, or for anything, so long as they are not motivated by Race, Age, Sex, National Origin, Religion, Handicap Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.
Answered on Apr 15th, 2013 at 12:48 AM
Labor and Employment Litigation Attorney serving Beverly Hills, CA
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Thomas & Associates
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If your license is suspended as the result of your DUI, then you can't drive. If you can't drive, you can't do your job. Why would the employer keep you.
Answered on Apr 12th, 2013 at 12:51 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. A DUI is extremely serious for commercial drivers.
Answered on Apr 12th, 2013 at 12:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your employer can establish rules that any DUI is grounds for termination.
Answered on Apr 12th, 2013 at 12:25 PM