2nd DUI
Nevada HR
274 Posts
We have an employee who was charged with his 2nd DUI in five years. When confronted by the manager, the employee showed him a slip from the sheriff's office that allowed him seven days of driving privilege.
Our personnel policy says an employee has to report a DUI within five days of "conviction" and that they may face termination if loss of license inhibits their ability to perform their job satisfactorily, which in his case, it would.
It could take a year before he goes to court. DMV only suspends a license after they get a blood alcohol report of .08 or greater, and then it's only a 90 day suspension until there is a court conviction (then it would be a year's suspension). Under the 90 suspension he can get a restricted license for work purposes.
We really don't want the liability of having him drive our vehicles knowing he's pending a license suspension so we placed him on paid administrative leave until further notice.
Our policy is being re-written, but does anyone know if we can defend discharging him now?
Our personnel policy says an employee has to report a DUI within five days of "conviction" and that they may face termination if loss of license inhibits their ability to perform their job satisfactorily, which in his case, it would.
It could take a year before he goes to court. DMV only suspends a license after they get a blood alcohol report of .08 or greater, and then it's only a 90 day suspension until there is a court conviction (then it would be a year's suspension). Under the 90 suspension he can get a restricted license for work purposes.
We really don't want the liability of having him drive our vehicles knowing he's pending a license suspension so we placed him on paid administrative leave until further notice.
Our policy is being re-written, but does anyone know if we can defend discharging him now?
Comments
If you don't yet have a conviction, technically the policy in place at the time of the conviction is the appropriate one to use. I don't think I understand, though, the connection between a 7-day privilege and waiting one year for conviction. What happens during the meantime. Is the fella driving? Does he have a suspended license or a valid license? In case his job requires a valid DL, do you have something in writing to confirm that? If the job needs a DL and he doesn't have one, he can't do that job. So the question, then, is do you transfer while waiting for the conviction (if you something appropriate available), or let him go. Is that your question?
Good luck.
Cheryl
I would not term for the arrest - you had a policy in place, and now you must deal with that. However, if he applies for the temporary license and is refused, you MAY (and I say that with great caution) be able to terminate based on inability to perform job functions....but I still say it's too risky. Find him something else to do as a CYA for both of you.
My understanding is that the sheriff's office has possession of his plastic driver's license, so he will be without authorization to drive after Friday...unless he is granted a restricted license. We don't have a position for him that wouldn't require driving, but I will check with our insurance co to see if he'll be covered on a restricted license.