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Fired For DUI

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TEXASWOLFY

Junior Member
What is the name of your state (only U.S. law)? Texas


Ok first off yes i was wrong for drinking and driving and i am paying the consequences so please do not badger me with the hatred of a DUI...

Here is the story:

Myself and my supervisor were out of town in waco doing a job, at night we were to stay at the Company office in a bunk room of sorts.

we were there for 5 days and i was running out of clean clothes to wear for work so my supervisor said why dont you come to my buddys house tonight with me and you can do your laundry and we will come back in the morning for work, his buddy's house was 45 minutes away near dallas.

we went to his friends house and settled in when his friend came home and said lets go get something to eat and we all agreed.

at dinner we each had a few drinks and then we went to play some pool, after which we were to head back to the house for the night.

plans changed and they said lets go to another guy's house for his birthday and off we went. at the party i had plenty to drink and was not expecting to drive that night whatsoever as we were to go back to the apartment and sleep till morning to get up for work.

after the party we all piled into the friends truck and headed back to his place, upon exiting the highway he hit a stopsign and jumped the curb right at the entrance of his apartment, we got to the apt semi safely i guess.

after going upstairs the friend fell out onto the couch and wouldnt wake up due to bieng way more intoxicated than either me or my supervisor so my supervisor told me to pack up our stuff and get ready to head back to Waco because his friend wouldnt be able to get us up in time to leave in the morning, to which i asked him to try to set the alarm himself because neither one of us was in any condition to drive that night. he said we need to go and i could stay if i wanted but id have to figure out what i was going to do about work tomorrow, so i loaded up in the truck with him and he drove us off heading back to waco...

upon getting on the interstate he couldnt keep the truck in the lines and kept weaving all over the place so i asked him to pull over and we could sleep for a lil bit, he refused to do it and said we had to keep going...

finally i convinced him i was ok to take over and he said as long as you get us to waco it will be good to which i said i could do it... MISTAKE #1

i got behind the wheel and he got in the passenger side of the company truck and we continued on south, he immediately passed out next to me and i kept going to Waco... MISTAKE #2

upon getting downtown Waco the TXDPS pulled me overand immediately did the field sobriety test to which i failed, and he put me in the car and got my supervisor out and arrested him for public intoxication...

the next day we both bonded out on our own and went to the Waco shop where the owner said for us to wait untill he could get with the other owner and his sons to reach a decision as to what they were going to doto us.

around 2 pm they called both of us in the office and apparently my supervisor had told them what happenned already because i didnt even get a chance to state my case as the owner said sorry we cannot use you any more, and that my supervisor was the cause of me losing my job so he should think about that and that was all that the owner had for me and he asked me to leave his office while he talked to my supervisor for a few...

after my supervisor came out of the office he said we could go home and that he was going to give me a ride back to our hometown about 2 and a half hours south...

from what i gathered my supervisor kept his job and i lost mine, i filed unemployment and was denied due to violating company policy which i understand, well this company has a history of its employees getting dwi's in the company trucks and 99% of them kept thier jobs...

well my incident happenned April 2009 and i just found out from another source that before Thanksgiving another employee got a DWI in the company truck and he still has his job to this date.

Is there any recourse i can take against the company for not sticking to thier own hiring firing policys??

also i was hurt on the job while working for this company 2 years before and was out for a while, do you think they were just looking for a reason to can me due to any liability issues upon my return to work?

i dont know, this is why i ask you all the Gurus..

thanks
 


cyjeff

Senior Member
It is perfectly legal to fire someone that got a DUI while driving the company truck.

It is perfectly legal to NOT fire someone that got a DUI while driving the company truck.

It is perfectly legal to treat different employees differently as long as that treatment is not the result of specific violations of law.
 

ecmst12

Senior Member
You can attempt to appeal the unemployment denial on the grounds that DUI has not been consistently considered reason for termination. No idea how far you will get with it but you have a better chance then if EVERYONE who has gotten a DUI was fired for it.
 

eerelations

Senior Member
It is perfectly legal to treat different employees differently as long as that treatment is not the result of specific violations of law.
Unless you were fired specifically because of things like your race, gender, religion, age (only if you're over 40), disability, and so on, then your firing was legal.
 

TEXASWOLFY

Junior Member
thanks

Thanks for the information, tuesday ill begin my appeal and hope i get somewhere with it...

and yes i understand fully the right to hire or fire and such policies i was just wondering if there was any recourse i could take, but anyways i boogered up and if i dont get the benefits reset up then i guess i deserve everything coming to me...

thanks again
 

TEXASWOLFY

Junior Member
thanks

Thanks for the information, tuesday ill begin my appeal and hope i get somewhere with it...

and yes i understand fully the right to hire or fire and such policies i was just wondering if there was any recourse i could take, but anyways i boogered up and if i dont get the benefits reset up then i guess i deserve everything coming to me...

well i got a impairment rating as a result of their job but was taken care of by workers comp, however do you think in your opinion that me getting the DWI was just icing on the cake and a reason to get rid of me due to me bieng a insurance liability for my injury?? i know its a shot in the dark but i have seen insurance companies lean on the employer to terminate a employee due to an injury so they dont have the future liability when they return to work...

thanks again
 

cyjeff

Senior Member
the thing is that the liability for the injury may survive the firing.... so that really isn't as strong an argument as you may think.
 

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