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I have a employer that is telling me that I can never consume alcohol again in my off duty time, or the next 25yrs.

Salem, VA |

I work for a large parcel delivery co. and I got a DUI about 2 yrs ago. The co. made me enter into a SAP program and complete it which was one yr long. Which I did successfully. Its been about 6 months since ending the program. New years I got a drunk in public ticket which I havent been convicted of yet. My co. tried to fire me and has taken me out of work since. They are now telling me If I want to keep my job I must re-enter the program and I can never drink again for the next 25 to 30 yrs. Is this violating my rights?

Attorney Answers 2

  1. You have the right to reject any limitations imposed on your conduct by your employer. And your employer has the right to terminate you from employment.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  2. Unless the employer's actions were motivated by PROHIBITED discrimination (e.g., race, age, sex, creed, national origin, disability and/or pregnancy) or protected activity such as conduct protected under The National Labor Relations Act or whistleblowing activity, there is not much you can do about it. If you are covered by a union contract, you should check your contract to see what protections, if any, it gives you under such circumstances and consult with union officials.

    Otherwise since Virginia is a state that adheres to the at-will doctrine of employment, which essentially means you can be disciplined or fired for cause or no cause, the employer would be in his or her rights terminating you. Keep in mind that driving while intoxicated can have much more serious consequences than being fired; that many employers in your situation would fire you immediately without giving you any second chances.

    This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.

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