DOES MY EMPLOYER REQUIRE THAT I REPORT A DUI IF I AM CONVICTED?

Asked over 1 year ago - Daly City, CA

IF MY EMPLOYMENT AGREEMENT STATES THAT I MUST NOTIFY THE EMPLOYER OF A "CRIMINAL DRUG STATUTE CONVICTION FOR A VIOLATION OCCURRING IN THE WORKPLACE", DOES THIS MEAN I MUST REPORT A POTENTIAL DUI THAT I MAY RECEIVE? OR IS THIS SPECIFICALLY STATING THAT IT MUST HAVE OCCURRED ON THE COMPANY'S PREMISES? FURTHERMORE DOES A "CRIMINAL DRUG STATUTE" THIS EVEN PERTAIN TO ALCOHOL?

Attorney answers (4)

  1. Pius Joseph

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . You need to read your company policy.If you have to report an arrest then you have to report but employer could fire you. If you were arrested and you only need to report a conviction,then you don't need to report anything.
    If you have been just arrested you may want to hire an attorney to defend the matter so that you may minimize any impact on your job by a proper defense.

  2. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . Good question. Although alcohol is a drug, that's probably not what is contemplated here. If the case is pending, there has been no conviction, so I believe you're ok thee. However, if you we're fingerprinted as part of the hiring process, your employer will almost assuredly find out. And if you drive for the company and they insure, they wifi likewise be notified. Good luck.

    Jasen Nielsen

  3. James C Forslund

    Contributor Level 19

    4

    Lawyers agree

    Answered . If you have a union representative, contact him or her.

  4. Daniel William Cohen

    Contributor Level 8

    2

    Lawyers agree

    Answered . The portion of the Employment Agreement that you have provided suggests that your responsibility is to notify your employer if you were convicted of a drug offense at the workplace. I think "the workplace" may reasonably include work offsite. Does alcohol constitute a "Criminal Drug Statute"? You need to see if that term is defined in your Agreement. Please note that a conviction for a violation of California Vehicle Code ยง23152(a) can be for a drug violation and the prosecutor often drafts the Complaint as "Being under the influence of a drug, alcohol, or their combined influence." CVC 23152(b) prohibits driving when your blood alcohol level is 0.08% or more. For a definitive answer you need to analyze the whole Agreement and look at what you were actually convicted of.

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