Legal Question in Business Law in Texas
Terminated - Drinking On The Job
Scenario: A new driver, recently hired, had been previously terminated from another company for drinking on the job. This was listed on application yet overlooked by personnel. Pre-screening and Physical all come back excellent. However, if an accident now occurs with this information listed on application, DOT would have a field day. Is there still reasonable cause to NOT HIRE the individual; or what are the ramifications needing to be addressed here? What ''legally'' is the prudent position to take?
This incident recently happened while I was away and I really do not wish to consider this individual for further employment.
1 Answer from Attorneys
Re: Terminated - Drinking On The Job
Assuming this is in Texas, unless the hired employee had an employment contract you are free to let him/her go at any time for any reason or no reason. I do think you run the risk of liability if you keep him/her on.
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