Misdemeanor DUI and Employment: Can You Get Fired for Getting a DUI?
About 4,100 people died because of drunk driving in the span of a decade in North Carolina. While only about 1.4% adults from the state drive after excessive drinking, the dangers it presents still remain real.
Drivers, in particular, could face potential jail time, paying bail, and lose their job.
Yes, that third threat looms over everyone.
There is a definite relationship between misdemeanor DUI and employment, as North Carolina is an at-will employment state. Does this mean you can get fired for a DUI charge?
Will You Get Fired for Having a Misdemeanor DUI?
An “at-will employment state” means is that an employer within the jurisdiction of North Carolina holds a high degree of freedom to fire employees. The only time employers can’t fire you is when your termination goes against your contract or if it’s a violation of a specific law.
This also means you can be fired for a DUI. However, it depends on several factors, such as the type of job you have, as well as the company policies that govern DUI-related criminal offense records. If they maintain a zero-tolerance policy, you can expect to get fired immediately.
For this reason, it’s important for you to know how strict your company is when it comes to dealing with misdemeanor DUI.
Some companies will not hire employees with a past DUI offense or will fire employees who get into it while employed. However, if you feel like you got terminated in a wrongful way, you need to know if your circumstance is valid in North Carolina.
What’s Considered as a Wrongful Termination in North Carolina?
To know if you got terminated wrongfully because of your DUI charge, start checking your employment contract terms.
If the contract violates certain circumstances where you can’t get fired or your employer needs to follow procedures to fire you, then the contract takes precedence before the law. When your employer ignores your contract terms, it means that they breached it and this is grounds for legal argument.
With that, you can appeal that your employer wrongfully terminated you. It doesn’t matter if you’re charged with DUI since your contract terms come first. Otherwise, you can only sue them for a wrongful discharge if they broke state or federal laws when they terminated you.
What Do You Do If You Get Fired for Having DUI Charges?
If you get fired because of DUI charges, a good course of action is to get an attorney that specializes in employment laws.
It’s not advisable to use the same lawyer you have on your DUI case because criminal laws and employment laws are two different areas that need different lawyers. You need to do this if you want to receive unemployment benefits according to North Carolina laws.
Learn More About Misdemeanor DUI and Employment Today!
North Carolina’s at-will employment laws make it easier for employers to fire you because of DUI charges.
At the very least you can still seek unemployment benefits. Make sure to hire a lawyer who understands misdemeanor DUI and employment laws like the back of their hand. This will help prove your termination violated your contract or the state’s laws.
Do you want to know more about bail bonds and the ways they can help with your DUI charges? Looking for solutions if you think you got wrongfully fired for DUI charges?
Contact us today and we’ll help you get started.