You’re probably aware that a
DUI conviction can affect one’s ability to get a job. That’s because
most job applications ask candidates if they’ve ever been convicted
of a crime. Whether you’ve been convicted of a misdemeanor or a
felony DUI, any DUI conviction can certainly make it more difficult to
get a job, in virtually any field.
What if you are already employed? Can your employer fire you’re convicted
of DUI? First of all, it’s important that you know that California’s
labor code specifies that the employer-employee relationship is “at-will.”
Meaning, an employer or an employee may terminate the employment relationship
at any time, with or without cause.
There are exceptions however, an employer cannot terminate an employee
for discriminatory reasons, or for refusing to be involved in an illegal
activity. So, unless the termination was discriminatory or retaliatory,
you would have no legal defense – your employer can terminate you
for a DUI if they please.
If you have to spend any time in jail, your employer may not be sympathetic,
and instead of having a job waiting for you when you’re released,
your employer may give your job to somebody else.
Why would I be fired for a DUI?
How do California employers view DUIs? It depends on who you work for and
what industry you’re in. Many employers believe that someone who
gets a DUI is irresponsible and exercising poor judgement.
If an employee is a teacher, a school counselor, a physician, a nurse,
a police officer, or someone in the public eye who is in a position of
trust, the employer may face criticism if they do not take action.
If it’s a sensitive matter, your employer might terminate you for
an unrelated reason, and never tell you that he was really influenced
by your DUI.
What if I drive for a living?
If you drive a company vehicle for a living, your chances of losing your
job are greater. If your license is suspended for a DUI, you will not
be able to perform your duties. When you get your license back, your employer
may not be able to insure you because of your DUI, or the company may
have a strict policy against employing drivers with DUI convictions.
If you do lose your job because of a DUI and you apply for another one,
you have to consider this: if an employer is choosing between two candidates
who are equally qualified, a DUI may tip the scale towards hiring the
If you have been arrested and are worried about how a DUI could affect
your job, contact an
Orange County DUI attorney
from the Law Offices of Virginia L. Landry, Inc.!