My husband attended his Company Christmas where they served free Alcohol, On the way home from the Company function he was pulled over for speeding and was arrested for DUI. His Company then fired him for getting a DUI. 4 months after his DUI his company fired him when he lost his licence for 45 days. He had a ride to and from work and had worked it out with his manager to ride with another employee while at work. never missing any of his job duties. 10 days after making the arrangements he was called in and fired by his managers supervisor. He was told that because he didnt hold a valid drivrs license they were firing him. My question is .Is it illegal for this Company to furnish Alcohol to its employees and encourage them to drink at a company party and then fire that employee ?
Yes it’s legal. The company did not force him to drink and drive. The drinking is not the issue it was the fact he drove while under the influence.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
What you really need is to consult with an employment attorney, not DUI lawyers. The real issue is whether he had to maintain a valid driver's license as a condition of employment - that is how the issue should be framed.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline