One of my employees got a DWI...

[airboss]

Hate to be the hard a$$ here, but the liabilities here just don't look good for retaining this guy, any company that knowing lets a substance abuser(drugs or alcohol) operate a company vehicle is going to get roasted, and this person is on record now.

Then on a more personnal level you need to ask yourself how you would feel if this person was involved in a crash that resulted in injuries or death.

 

[HaulinAshe]

Do whatever you are comfortable doing for each and every employee that ever works for you from this day forward. Because whatever you do, since this is the first time it has happened to your company, sets a precidence. What you do for this guy, you will have to also do for the jerkwad that has only worked for you for two months and has been a screwup since day one.

Make sure you don't TELL the guy anything. Write it all down, discuss it with him, and have him sign the paper outlining your discussion. Have someone else that is as nuetral as you can find, sit with you both and just listen and take notes. The third party does NOT take part in the discussion.

You can certainly give him whatever benefits he has earned thus far. He can use that time and money to go to court and attempt to get a judge to give him to/from/during work driving privileges.

Explain to him that you may be sending him for random drug & alcohol testing during his recovery period and that you and others will be watching him closely for signs of screwing up again. You MUST have all this in writing because if he gets involved in a traffic accident while on the job, the other parties lawyers will learn of his record and come after you, your family and everything you have.

The earlier advice given about not telling anyone is absolutely correct and essential. You may pick one other person in your company, preferably another manager, to be the third party. But you cannot, must not, under any circumstances, discuss this guy's situation with anyone else.

Yes, Joe Blow is having some problems, but we are working with him to work things out. I suggest you speak with him if you want to know more. Now please get back to work.

It sucks, but it's just how things have to be nowadays.

 

[FJRottie]

. I would counsel all my employees as well and tell them all, “Mr X has made a mistake. It harms my business and I am disappointed. We cannot work with that, so he has to go”, or whatever.

Nooo!!!

This is bad advice and Will get you sued. You cannot for any reason disclose the reason or lack of, one 's employees employement or termination with another employee without the written consent of the employee being discussed.

Maybe I gave a bad example off the top of my head. I take back mentioning him and firing him.

After he is gone (which will be very obvious), telling the others in your small company (if he was convicted and terminated), that as long as they performed professionally and within their terms of reference, that would ensure continued employment. If you cannot state the obvious or counsel your employees with fact and public record without being sued, then there is something terribly, terribly wrong with that.

 

[RoadGlide]

Here's what I do with the employees at the company I work for in this situation. I give them a 30 day leave of absence to try and get the issue resolved in the courts. In Florida you can't terminate the guy for DWI until convicted and then driving must be a requirement of the job. At the end of the 30 days even if he/she gets a work only driving permit our insurance company will not cover him/her. As a result they will be terminated.

 

[Maddog]

The one option I haven't seen mentioned is to simply ask the guy for his resignation. Think about it, he knows he can't drive and he knows that driving is part of the job. He can't do his job. So what are his options? Get fired or quit. Now which of those two options looks better on a resume?

The primary advantage to this approach is that you avoid many of the legal traps that can catch you if you fire him.

If he doesn't want to quit then consult an attorney and fire him. You will be doing him a favor by showing how behaving stupidly has costs.

 

[mdisher]

The one option I haven't seen mentioned is to simply ask the guy for his resignation. Think about it, he knows he can't drive and he knows that driving is part of the job. He can't do his job. So what are his options? Get fired or quit. Now which of those two options looks better on a resume?

Asking for his resignation pretty much tips your hand he knows what's coming next as if he doesn't already.

Someone else already said it. What you do with him sets precedence for how you treat everyone else from here on out.

Even though we are in an "At Will Employment State" (in Ohio) you'd be amazed at what turns up and what any lawyer will bring to the table.

I'm not an HR specialist nor do I clain to be. I bounced this off our HR guy and he said you should definately consult your lawyer and follow his lead. I can't remember the size of your company but I think you're small enough that *most* of the bigger issues will be avoided. But I don't remember.

 

[painman]

If this person is a good friend as well as employee and the only option is termination, then you could lay him off and he could collect unemployment until he finds another job. But a portion would be coming out of your wallet. This would have to be a personal decession on your part. Just a suggestion by me. I don't know the relationship. Good luck and I will pray for your situation. PM. <><

 

[OrangevaleFJR]

I own a small contracting firm and last night one of my lead employees got a DWI. He refused to blow so it will mean an automatic loss of his license for 6 months. Now I am in a major quandry. The guy has worked for me for a number of years but without a license he is next to useless...kind of like a major league pitcher having his arm amputated. I am busy enough that I can't afford to lose a guy and don't have the time or inclination to train someone else. On top of that, my insurance rates are now going to go through the roof. The first thing I'm going to do is have him take the rest of his vacation time, sick days, personal days etc....until I figure out what to do. So.....what should I do? Short of hiring a driver for him I don't see many other alternatives but to fire him.

Does he make enough that you could doc his pay the amount of a newby for the 6 months and have him ride along?

If not, fire him. Sorry, bad **** comes with repurcussions. tell him you'll hire him back in 6 months...leave of absence? (unless you think he'll do it again)

 

[EXPDSGT]

I assume since he didn't take a blood alcohol test that it is an automatic 6 month suspension. (You would have to check to see if he can get a work license -- I doubt it -- but that would affect your insurance because you would have to report that). If he is not driving one of your vehicles it would not affect your insurance.

You said that he was a good/valued employee. My only suggestion is if you need him for your business, then hire a minimun wage guy (gofer) with a license to move the vehicle. That guy could run errands etc. and reduce dummy's pay to pay for the driver. That way your business keeps running and you don't have the insurance liability of him driving one of your vehicles. If it were me I would do what's best for my business, and not worry about the so called friend/employee.

 

[painman]

I assume since he didn't take a blood alcohol test that it is an automatic 6 month suspension. (You would have to check to see if he can get a work license -- I doubt it -- but that would affect your insurance because you would have to report that). If he is not driving one of your vehicles it would not affect your insurance.
You said that he was a good/valued employee. My only suggestion is if you need him for your business, then hire a minimun wage guy (gofer) with a license to move the vehicle. That guy could run errands etc. and reduce dummy's pay to pay for the driver. That way your business keeps running and you don't have the insurance liability of him driving one of your vehicles. If it were me I would do what's best for my business, and not worry about the so called friend/employee.

Boy am I glad I don't work for you. We see where your true values lie....PM. <><

 

[Badcat]

I own a small contracting firm and last night one of my lead employees got a DWI. He refused to blow so it will mean an automatic loss of his license for 6 months. Now I am in a major quandry. The guy has worked for me for a number of years but without a license he is next to useless...kind of like a major league pitcher having his arm amputated. I am busy enough that I can't afford to lose a guy and don't have the time or inclination to train someone else. On top of that, my insurance rates are now going to go through the roof. The first thing I'm going to do is have him take the rest of his vacation time, sick days, personal days etc....until I figure out what to do. So.....what should I do? Short of hiring a driver for him I don't see many other alternatives but to fire him.

Driving is a huge part of my job and the company I work for has the policy that states no license=no job.

 

[kindofblue]

You might see if the guy who got the DWI can keep his license if he has an ignition interlock installed on every vehicle he drives. Of course he'd have to pay the installation fees and daily rental of the units ($2/day) and be responsible for taking them in to have data downloaded every 6 weeks or so.

If you were to keep him on with this condition you might consider making his continued employment contingent upon no ignition interlock violations (i.e. a BAC > .04 when he tries to start the vehicle). That gives him a second chance to straighten himself out, you keep an employee you seem to value, and your CYA.

NM has one of the toughest ignition interlock laws in the country. I have no idea whether you can get ignition interlocks installed in PA or not. It's OK to email me backchannel about this if you'd like.

 

[TheAxeman]

The problem at this point is that the insurance company tells me that he can abolutely not drive the van for any reason even with a conditional work license. At this point it looks like no license, no job. Thanks alot for all the input....its always appreciated.

 

[user 3529]

I apologize if I say anything somebody else already said, I did not read all of the posts. In my state it is possible to get a work permit if your license is suspended for DWI. The real problem here is his failure to submit to the test. I work in a probation office and see this from time to time. More often than not the people who refuse to test get hit worse than the ones that blow way over the limit. In addition it is much easier to fight the results of a test than get a plea out of a refusal. Has the employee been sentenced yet? If not I would suggest him hiring a good DWI attorney and trying to negotiate a plea with the County or District Attorney. Maybe a plea to DWI in exchange for dropping the refusal to test. Then I would say that if he wants to work for you that is fine, but it will be up to him to get a work permit and drive his own vehicle. That puts the burden on him as to whether or not he can even get insurance on his vehicle and if the insurance company will let him drive it for work. Also, depending on what his final charge is, it may or may not be reported to the state. If it isn't than you're good and no need to worry. As far as what people have said about being harsh on those who drink and drive, most DWI convictions are first time offenders and those are most often not too far over the limit. If you say such things, you best not ever drink (even one) and get in a vehicle...EVER. Back to the matter at hand, he should approach the prosecuter with something like this:

1) Plea to some degree of DWI

2) Complete a chemical dependancy assessment and follow after-care recommendations

3) Pay a fine

4) Submit to random testing by law enforcement or probation

5) be on supervised probation for 0-4 years

6) attend a MADD panel (if they offer them there)

7) attend a DWI class

all in exchange for dropping the refusal to test. No matter what a DWI charge is better than a refusal. The prosecuter will probably want some jail time as well, most likely will stay all but time served.

Best of luck to both of you.

 

[Scythian]

The problem at this point is that the insurance company tells me that he can abolutely not drive the van for any reason even with a conditional work license. At this point it looks like no license, no job. Thanks alot for all the input....its always appreciated.

There ya go then.... It's unfortunate.

DWI: Guilty until proven innocent.

In New Mexico, everytime some indian gets liquored-up and runs into a family, the people who have wine with dinner at a restaurant suffer.

Nobody has figured out yet that punishing first-time-offenders harder does nothing to deter the guys out there with multiple DWIs. In fact, as they punish the first-timers harder, the plea-deals get easier for the multi-offenders 'cuz there's less cell space available and less oversight due to sheer volume.

But, hey, it feels good to the ethical narcissists to rant about drunk driving--it's what substitutes for a religion now....

I'm zero-tolerance on Drunk Crashing!