EE WITH CDL RECEIVED DUI

rainbow · November 2005

We are an electric utility. One of our employees received a DUI on personal time. Part of his job requires him to drive a utiliy truck which requires a CDL license. He will lose his CDL for a year due to the DUI. He is a good worker so we do not want to let him go. However, we do feel his wages should be lowered as he cannot do the entire job for which he was hired. Would like advice as to whether we can legally dock his pay as long as he does not have a CDL license.
Thank you!

gismo · November 2005

Why wouldn't you be able to dock his pay, he won't be performing the same job will he?

HRinFL · November 2005

Part of our company involves distribution and transportation. We have our own fleet and drivers. If a driver gets a DUI, regardless of the circumstances, and loses their CDL, we place them back in the warehouse. Their job class is changed to reflect their new position (either a Selector or Motor Driver) and their rate of pay is adjusted to the top rate of that position, which is a big decrease for our drivers. They also must work their way back into the driver position, shich means through length of service. This is a strong deterent for anyone that wants to take the chance of getting behind the wheel while impaired. You can dock their pay, I would recommend that you place the ee in a position that corresponds to the new pay rate. Put the deal in writing and have the ee sign it. They can either agree, or leave.

"Whenever I start to feel blue, I start breathing again!"

Down_the_Middle · November 2005

Absotively, posilutely you can adjust the salary to reflect the revised job duties. Presumably you have some past practice that clarifies whether the prior position is automatically restored upon receipt of new CDL or whether the person re-applies for a transfer just like anyone else.

pork1 · November 2005

RAINBOW: We would terminate his employment we have a zero tolerance for alcohol and drug abuse.

PORK

LarryC · November 2005

Rainbow, what we have done is pull the truck from the employee and reassign the employee to a different job. That "different job" will have a different job description and a different pay scale. If need be, the employee's pay is reduced. The employee's hours may also be cut if the new position doesn't demand a full time person. If the employee doesn't like it, he/she can quit. Employees who are hired to drive as part of their job become a "drag" when they can no longer drive.

WT · November 2005

I will go off in a slightly different direction. Aside from the other issues, you are creating a practice here. You say this is a good employee. However, if the poorest employee you have also has a DUI, are you willing to treat him or her the same? Other employees would expect similar treatment. So if that loud mouthed, trouble making, obnoxious employee gets a DUI, it may not give you a free hand to let them go.

LarryC · November 2005

WT, if you are describing this "poorest employee" accurately, I wouldn't need a DUI in order to get rid of him.

pork1 · November 2005

LARRYC: What we are writing about is consistency of application of company values and important issues. Giving someone that is guilty of a high valued safety risk item, for which these high value issues are limited in number, we stick with the company policy. Abuse of alcohol and drugs are equal and if one gets a failed drug test we are consistent in our execution of the event. We terminate, and then counsel the individual of his options to go get treated and return if he wants to an reapply and we will consider him/her for rehire, but we will not carry a safety risk employee just because we feel good about this ee. Call your carrier and I would bet they will tell you the same thing, that is if you have a zero tolerance for abuse of drugs policy. You can not afford to be "grey on these safety issues", it will bite hard and hurt after the fact.

PORK

LarryC · November 2005

Pork, my man, who's being grey? We follow our company policy fairly and consistently. As pertaining to DUI's, the consequences are different for our DOT employees vs. our non-DOT employees, and rightfully so. As pertaining to "drugs and alcohol are equal", well, no they are not. The ADA treats them differently and, here in this state, users of legal products are protected. Zero tolerance is also outlawed here. We have to allow one more chance. That, however, does not give the employee permission to drink on the job. Failing a breathalyzer while on the job will invoke the drug and alcohol policy the same as drug use. Off the job drinking is none of our business unless one of our DOT drivers receives a DUI. Am I clear now or am I still grey?

Dutch2 · November 2005

Suggest you tie all of the above together. Since they can longer drive due to no CDL (due to their own carelessness) then they should either be assinged to a different position and possible change in wages and schedule according to the new position or dismissed for inability to perform their duties. It is important to consider what you would do if this were not a "good employee" that you did not want to try and keep. As long as you would do the same for each you should be ok.
Good luck...

rainbow · November 2005

Thank you to everyone who responded. We received some great information and will do as Dutch2 suggested and tie all your responses together for the best solution. Have a great weekend!
rainbow

March22Collector · November 2005

Terminate. There are plenty of good employees out there. Or...yes, dock the employees pay based on the job description and the functions the employee will now be performing/not performing.

EE WITH CDL RECEIVED DUI

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