QUESTION
Is it legal to require a clean driving record when hiring an employee?
Asked on Aug 28th, 2013 on DUI/DWI - California
More details to this question:
If so, what happens if that employee is convicted of a DUI while employed?
4 ANSWERS
Michael J. Breczinski
Yes they can demand a clean record. Yes they could fire the person.
Answered on Sep 03rd, 2013 at 9:41 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sure its legal. As long as the employer does not discriminate and expecting the employee to have a good driving record is not discriminatory, especially if the employee is required to drive as a condition of employment. If he gets a DUI while employed, he will probably be fired. Clearly this individual prevents, not only a risk to the employer, but, if he remained as an employee, could cause a huge jump in the employer's insurance premiums.
Answered on Aug 29th, 2013 at 11:32 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It depends on the type of job. It depends on whether not you have an employment contract. If you don't have a contract, they can discharge you for any reason other than an illegal one.
Answered on Aug 29th, 2013 at 11:09 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, an employer can make a clean drivers record a condition of employment. If your employer has such a requirement for employment and you get a DUI conviction the future of your employment with that company its up to your employer and the company policy.
Answered on Aug 29th, 2013 at 10:01 AM