QUESTION

Can I sue my employer for firing me before I was convicted of a DUI?

Asked on Dec 19th, 2012 on DUI/DWI - California
More details to this question:
I got into work on Monday after getting a DUI over the weekend. Somebody told my boss n a couple other people who work where I work about my DUI over the weekend. A big part of my job is driving a truck for the company so it's probably not good that I got arrested for DUI. The only thing is that I haven't been convicted or anything like that. I thought it was innocent till proven guilty in court? Midway through the day my employer fired me and I was wondering if I can sue.
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3 ANSWERS

Unlikely you could sue unless you are part of a union. Employees without a union can be fired without any cause or if there is cause you cannot be fired for discriminatory reasons (race sex, religion). You will probably lose your job when the automatic suspension which lasts at least 30 days begins.
Answered on Dec 21st, 2012 at 1:01 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Probably not, unless you have a very specific employment contract or are represented by a union. Most employment is "at-will" meaning that under most circumstances, you can quit or your employer can fire you without any repercussions. If you wish, you may want to contact an experienced labor or employment law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 20th, 2012 at 2:57 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without cause explanation or notice.
Answered on Dec 20th, 2012 at 2:56 PM

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