Legal Question in DUI Law in Massachusetts
terminology
I am a Union Steward that is representing an employee for having alcohol on the company property. He was observed drinking while driving (at lunch and off of the property) by an investigating federal officer, but not stopped and was allowed to continue driving his vehicle until he re-entered the company parking lot. Now he is facing the possible loss of his job. I thought that maybe this situation was one of entrapment, due to the officer not responding to the situation immediately (if they did he would not be facing discipline from employer) and allowing the employee to drive in the first place, but upon some research, I can see that this does not really apply. What I am looking for is a defination for this matter (other than just plain stupid on the part of the employee) and a legal direction to go with for the grievance and possible arbitration later on. Thank You very much for any help that you can provide. If I checked the wrong Law, please advise where to send.
2 Answers from Attorneys
Re: terminology
It is not entrapment; it is discretionary. Get him an attorney.
Re: terminology
It looks like "just plain stupid" on the part of the employee is the correct answer. I don't see that the federal officer did anything wrong. As for the employee, if he has a written employment contract with his employer, maybe there is language in teh contract that might help him about what the requirements are for termination for cause. If he doesn't have a written employment contract and is an employee at will, he can be fired for any reason that is not discriminatory (which this would not be) or for no reason at all. Good luck, but I think this person has a difficult case to try to make.
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