Legal Question in Employment Law in California

DUI Emolyment Laws

If I got puled over for a Dui can my place of employment fire me before I am convicted? Im a class A driver I was in my personal car when I was pulled over. Question 2 After they fire me can I get unemployment or because I got fired for a DUI not convicted yet will I lose my right to collect unemployment


Asked on 1/30/07, 3:48 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: DUI Emolyment Laws

Employers cannot base employment decisions based on arrests that do not result in a conviction. You should be able to collect unemployment if you got fired for an arrest that did not result in a conviction.

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Answered on 2/07/07, 11:55 am
Terry A. Nelson Nelson & Lawless

Re: DUI Emolyment Laws

You, along with virtually every CA employee not in a union, are 'at will', meaning you can be fired anytime with or without cause, subject only to legal exceptions such as discrimination or other specific protective laws. The rule about not considering convictions applies to hiring decisions.

You were fired 'for cause', not 'misconduct', so should not be denied unemployment benefits.

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Answered on 2/07/07, 12:49 pm


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