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Can i be removed from driving job, when i use my own car and own insurance for previous dwi conviction? 5 years or more ago?

Kingston, NY |

i work for a big box home improvement retailer, have been with company for 6+ yrs. had a dwi over 5 years ago. back in december 09 they announced a new position doing in home sales. i was given the new job in january. february started training and the job began end of february, last week the corporate office decided to do mvr checks. now because i have the dwi showing up i am told that i cannot have my job. in this job i use my own car and my own insurance. i get paid mileage to reimburse me, can they do this after i have been given the job and have been doing the job? and i am not using their equipment or insurance. i just bought a newer car for this job and have even spent $700+ on a new wardrob for this job, my last position has already been filled by someone else.

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Attorney answers 1


The answer to your question is "maybe." Whether or not the company can terminate you from this position depends upon whether you are in a union, and if not then what the corporate policy is on this matter. generally employees are terminable at will in New York State, meaning that the company can fire you without any reason. However if you are covered by a union than what the company can or can't do is defined in the collective bargaining agreement. If you are not in a union the company is still limited by their written personnel policies. Further, a company cannot fire you as a pretext to get around prohibited NYS and federal discriminateion laws. You need to hire a lawyer for an in depth consultation to appropriately explore your legal options.