I was intoxicated and my employer let me work. Truck driving. They layed me off. I have to admit I messed up. But my

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Customer: I was intoxicated and my employer let me work. Truck driving.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No.they layed me off
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have to admit I messed up. But my former employer let me work intoxicated driving truck.
Answered by Allen M., Esq. in 5 mins 1 year ago
Allen M., Esq.
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Allen M., Esq.
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Allen M., Esq., Expert

Thank you so much for trusting your question to Just Answer (“JA”).   My name is***** and I am a licensed attorney with over 16 years of law practice.  I am happy to be of assistance today.

You may receive the offer of a phone call, which is an automated offer directly from.  You are free to accept this call, which is an additional expense, or to ignore the request.  If you prefer to continue discussing this matter in text, please just continue entering your questions.

If you have additional information you’d like me to consider, feel free to input that now.  Do you mind if I take a moment to review your question?


Allen M., Esq., Expert

I am sorry that you are having to deal with this issue.

Can you tell me please, what is your question today?  Are you asking if they were legally allowed to terminate you?


Allen M., Esq., Expert

I posted some questions, but did not see a response.
An employer can be liable for allowing you to drive while under the influence if you ultimately were to have harmed someone or some property in that condition.  The liability would be shared by each of you.

However, if there is no harm to anyone through a wreck, the employer has nothing to be liable for in court.  You could certainly report them to their insurance carrier and they may lose that coverage, but they can't be sued for anything.  Courts don't allow suits for damages that could have happened or might have happened.
As for whether or not you could be terminated, yes you can.  This is called "at will" employment.

In employment law, if you do not belong to a union or have an employment contract that specifically states that you can only be terminated for cause, you are legally an "at will" employee.  At will employees can be terminated at any time, with or without cause.  The employer does not have to give warnings, have documentation of violations or even have a reason for termination.  If the employer does give a reason it doesn't even have to be accurate.  The employer just has to avoid terminating based on race, religion, gender, sexual orientation, age, disability, workers' comp use or Department of Labor/OSHA complaint retaliation.

For there to be wrongful termination in employment law, you need one of two things.

1.  You need to have a contract of employment that specifically states that you can only be terminated for cause.  With such a contract, you can then sue based on breach of that contract and then establish that they did not have cause.

2.  You have to be able to allege discrimination based on race, religion, gender, age, disability or FMLA use, and then you can file a complaint with the EEOC (or Department of Labor for FMLA discrimination).

Does what I’ve explained here make sense to you? If not, please ask for any clarification that you’d like. I am happy to continue working with you until you completely understand how the law treats your situation. I welcome follow up questions, so please reply with any additional concerns that you may have, at no additional cost.

Crap. Thank you.

Allen M., Esq., Expert

Thank you for the opportunity to address your question.  I am marking the question as complete, as I believe that we have fully addressed the issues presented by your question.  However, that does not mean that we cannot continue to work together.  If you have any further questions, please just let me know.

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