An Employee Got a DUI. Can I Fire Him?

A Kantola Learning Minute

An employer noticed that one of his employees was in the local news because of a DUI and doesn't want the reputation of his business to be hurt as a result. Can he fire the employee? Find out in this week's Kantola Learning Minute with Lester S. Rosen, J.D., founder of Employment Screening Resources®.

Hi, Les Rosen here with another Kantola Learning Minute. Here's a great question: An employee popped up on the local news arrested for a DUI (Driving Under the Influence). He doesn't drive as part of his job, but I don't want a reputation as a business that coddles drunk drivers. Can I just fire him?

And our best advice when you have an employee who is arrested for anything, is, the first thing you do is, nothing; nothing other than gather additional information. First of all, it may be the employee is not guilty. There may be mitigating circumstances. There's also a number of legal implications when it comes to termination of an employee based upon an arrest or a crime.

So, rather than get into hot water with taking an immediate, and sometimes rash, reaction, our best suggestion is to hold on and find out all the facts so you can make an intelligent and reasonable decision based upon the totality of all of the evidence, but don't do anything too rash or too fast when faced with an employee who is arrested.

Thank you.

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