My son was arrested for DUI and his employer immediately fired him. Is that legal?
He must drive a company vehicle for his job, and his boss said their insurance won't cover him now. But they fired him less than 12 hours after he was arrested. He has not been convicted yet - the court date isn't until April. Is what they did legal? Would this qualify as wrongful termination unde...
He must drive a company vehicle for his job, and his boss said their insurance won't cover him now. But they fired him less than 12 hours after he was arrested. He has not been convicted yet - the court date isn't until April. Is what they did legal? Would this qualify as wrongful termination under the Fair Labor Standards Act?
your son made a choice and is now paying the consequences for that choice and you want to blame the employer instead of blaming him…………..odd choice on your part don’t you think?
generally there is no such thing as "wrongful termination" under FLSA.
in the US in 49 states employment is assumed to be "at-will" unless a contract states otherwise. in the 50th state employment is "at-will" only if it is clearly stated in an employment agreement.
simply put "at-will" employment means an employee may QUIT or be FIRED at any time for any reason or NO reason at all.
the only time wrongful termination is involved is if a contract was breached or the employee was fired for discrimination, retalliation or taking part in a protected activity. being charged with a crime, convicted, or drinking legally are not protected activities and therefor an employee may be fired, legally, for any of those reasons
Well yes it’s legal a dui will raise there rates very high. My father is a truck driver and if he was to ever get a dui he would be fired also if he gets to many tickets even if they get fixed he will get fired. That’s part of driving for a company and it doesn’t matter if you are convicted he still was driving under the influence.
Yes it is, and your son used poor judgment when he decided to drink and drive. Be angry at him, not his employer.
It’s legal. They fired him because when you get a DUI your drivers license is immediately revoked (the police officer takes the license right then and there) so even if he isn’t convicted his drivers license has already changed.
It depends on if your son was driving his car or while driving on the job.
Employers cannot dictate an employees activities off the job.
States have been in a tizzie to pass the strictest drunk driving laws.
The levels to declare a person legally drunk have dropped so low that using mouthwash will nail you on a breathalyzer test.
Your son should have demanded a blood alcohol test.
Breathalyzers,like speed radars, can be altered to give false readings just by turning a screw used to calibrate them.
But your son chose to drink and drive and got caught.
as 49 states are at will employment your son can be let go for any reason or no reason, being arrested is good enough, the workplace is not a democracy he doesn’t have to be proven guilty he just has to be arrested, at will usually means there is no wrongful termination
Legal, and not particularly surprising. No, not wrongful termination.
I assume he is in the US. Other countries’ laws may differ.