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If I give my employer a 2 week noticed letting him know I need to turn myself in for a DUI, can he fire me?

Oxnard, CA |

My manager has threaten to fire me

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Attorney answers 4

Posted

Yes. An employer is not legally required to honor the two week notice.

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

Posted

This is a tricky situation, and one with too much at stake for you, and likely too much unique to your home state for an out of state DUI attorney like myself to address to any detail - but you clearly want to hire a DUI attorney. I would also say that, depending on the circumstances surrounding your DUI, your history (both criminal and personal), and your employer's HR department's policies, there's at least a possibility that you could opt for a wellness program that would avoid your getting terminated, again depending on how it is brought to your employers attention. I do not practice employment law and again, am out of state - but alcoholism is defined as a disease and I believe you may have certain protections under the ADA (Americans with Disabilities Act) that, depending on the circumstances, may actually prevent your employer from terminating you. But you need to speak with a skilled and experienced DUI attorney in your home state, preferably one who has close connections with an Employment attorney or some knowledge of ADA. She/he will best be able to counsel you. Best, Dan Gerl

Posted

If you were turning yourself in to be incarcerated for the DUI, the employer has every right to terminate you because you will not be working your scheduled shifts once incarcerated, and as Mr. Mallen has already noted, the employer has every right to terminate you when it gets the notice, and is not required to honor the two weeks notice period.

If you are turning yourself into a treatment program for a chronic alcoholism issue, the landscape changes drastically. Most employers (depending on the size of the employer) are required to make an attempt to reasonably accommodate a known disability unless to do so would create an undue hardship. Alcoholism is a qualified disability. If that is what is happening, you need to see an employment attorney right away so that certain information can be conveyed to the employer at this point.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Posted

If you are at will employee, meaning you don't have a contract that prevents your employer from firing you, than absolutely yes. Good luck. Ron Bamieh

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