Legal Question in Employment Law in New Jersey

Job Termination/DWI

I reside in new jersey and was found guilty for driving while intoxicated in March of 2008. I obtained my restored license in October of 2008, so I have been driving for three months since the restoration of my license. I informed a principal of the company I am employed with of the suspension, and he actually helped me a few times to get back and forth to work. Well, on 01/14/09 I was terminated from my position by the Vice President of the company for misconduct due to the suspension of my license. I informed one of the owners of the company of my suspension. Are they legally allowed to terminate my position after all of this time has passed? I just applied for unemployment benefits, and am hoping I will be able to receive unemployment benefits due to the termination. I appreciate your help on this one. Thank you!!! FYI - I also had a relationship with the owner, we have gone out to dinner, dancing, Atlantic City and so on....


Asked on 1/15/09, 9:34 pm

1 Answer from Attorneys
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: Job Termination/DWI

Depends on the status of your employment. If you are an "at will" employee, then your employer could terminate your employment for no reason or for any reason at all. Therefore, under that doctine, you can be terminated due to your employer's unhappiness with your DWI. I'd advise you to contact an employment attorney if you have or suspect you have additional rights than the typical "at will" employee or if you believe that you are being discriminated against or retaliated against by your employer.

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Answered on 1/19/09, 4:56 pm


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