Legal Question in Employment Law in California
I am a Maintenance mechanic at a reputable university that, as a condition of employment, has to keep my driver's license in good standing or MAY be subject to termination. Approximately one month ago I was cited for DUI. My employer was informed of this infraction and proceeded to terminate me because I'm unable to resolve this matter within 30 days. While I do understand the policy, I have yet to be convicted and an attorney has extended my driving privileges until my DMV hearing later this month; my court hearing is December 14, 2010. Have I been wrongfully terminated and/or at least prematurely released?
1 Answer from Attorneys
You are going to find that your license will 95% likely be suspended by DMV for a year, with at least 3 months actual suspension, and then a restricted license may be available, making your question and concern moot. The court may also impose a suspension within their discretion as part of a plea bargain or sentencing. As an experienced employment litigator, I would not take your money or case with these facts.
PLUS: In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. You didn't.
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