Last Updated 18th of July, 2010
Can I fire an employee for something in their driving record?
Firing Is Possible
You can fire an employee for something in their driving record if the item amounts to a legitimate cause for dismissal and/or violates their employment contract. One example is a company driver who receives numerous traffic offenses or gets convicted of a DUI.Questions about grounds for job termination are a bit tricky. That’s why there are plenty of wrongful termination lawsuits in the court system. Some employment contracts are at-will and allow an employer to fire an employee for any reason, as long as it doesn’t violate some Constitutional or statutory protection, as in the case of racial or gender discrimination.
Just Cause Required
In other cases, employment contracts make it much more difficult to fire an employee, and the burden is on the employer to demonstrate just cause. If an employer finds something objectionable in an employee driving record, it may or may not be grounds for termination. If the job requires driving, then certainly driving citations and convictions are legitimate grounds for firing an employee.But if the job does not require driving, the issue is murkier. Some state laws don’t even allow you to access employee driving records in the first place if the job doesn’t require driving. But even in states that do allow you, the question is, can you demonstrate that a negative mark in a driving record is justifiable grounds for termination?
Since driving convictions like DUIs are criminal offenses, you’re probably on solid ground firing an employee who receives a DUI or similar offense.
Ordering Records
If you need to review employee driving records to reduce company risk, take a moment now and order your driving records online. When it’s time to get the information you need, ordering driving records online is the fastest and most convenient solution.Post Comment for "Can I fire an employee for something in their driving record?"
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