Restrictions from Job
I have recently been employed for a national non-profit organization for a month. I had a prior DWI almost 2 yrs ago that was reduced to a DWAI (NYS law .05-.09 BAC). I also refused a breathalizer in that same arrest so my driving privliges in NY State were banned on top of my driver's license being suspended. On my background check I said I hadn't been convicted of anything above a minor traffic violation and have never been convicted of a crime. As I understood, a DWAI in NY State is a violation and not a misdemeanor offense. My org., upon getting my background check now, a month after I have been employed, reported that I had lied on my application and could therefore be terminated on those grounds. However, I was allowed to stay at my position but I am now not allowed to have any alcoholic beverages during any function affiliated with my organization and/or their functions. Failure to comply with this would result in my immediate dismissal. In a nutshell, if I am at any function where alcoholic beverages are served and I consume even a sip of alcohol even when all of my work is finished at these functions, can I legally be fired. Can they do this?
1 Answer from Attorneys
Re: Restrictions from Job
First you did not lie on your application. A DWAI is not a crime. It is a traffic violation. It is no different nor does it carry a stiffer criminal penalty than a speeding ticket.
Further you should have a sit down with your boss. You should explain that you are not an alcoholic. It would be a good thing to have a letter from an alcohol counselor or from a Psychotherapist as to that fact. I would speak to an employment attorney about your rights in this situation.
A letter from a lawyer may be just the ticket to get them off your back.
Good luck.
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