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

Expert's Assistant chat
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
imglogo
Allen M., Esq.
10+ years of experience
logo

29136 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Allen M., Esq.
10+ years of experience
logo

29136 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

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?

img

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?

img

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.

Customer
Crap. Thank you.
img

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.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer