Suspended

[notworkingnow]

I have been suspended once two weeks ago hallowed to come back to work. I was put on a corrective action plan and agreed to the terms. Worked 2 days, suspended again and was not given a reason. I had a good 90 day review before all this occurred. It has been 2 days and I still do not know why I am suspended. My employers emailed me and said my boss would call today to set up a time to talk. This matter all revolved around DUI that I received before I began working. My lawyer has provided all the necessary documentation showing that I have been and still can legally drive. This situation is causing me a great deal of stress I have never been in trouble during my 49 years of life at work or otherwise. Is this common practice for how they are handling this matter? Thank you

 

[army judge]

I have been suspended once two weeks ago hallowed to come back to work. I was put on a corrective action plan and agreed to the terms. Worked 2 days, suspended again and was not given a reason. I had a good 90 day review before all this occurred. It has been 2 days and I still do not know why I am suspended. My employers emailed me and said my boss would call today to set up a time to talk. This matter all revolved around DUI that I received before I began working. My lawyer has provided all the necessary documentation showing that I have been and still can legally drive. This situation is causing me a great deal of stress I have never been in trouble during my 49 years of life at work or otherwise. Is this common practice for how they are handling this matter? Thank you

No employer is required to explain why he or she terminates your employment.

I suggest you seek new employment if you need to work.

You might never hear from the "boss", so stop putting your life on hold.

Just so you know, an employer isn't required to negotiate hiring anyone, and any conviction can be cause for an employer to simply not hire you.

Yeah, that stuff they tell people about equal employment opportunity, doesn't mean much if the employer is smart about how they hire or reject applicants.

 

[ElleMD]

Your post is a bit hard to follow. It appears that you have been there only a short time, though more than 90 days. At some point your employer came to find out you got a DUI before your first day of employment and has suspended you. Is that not the reason for the suspension? It sounds like you do know the reason. It isn't clear why you have a lawyer involved unless you mean the lawyer handling your DUI. You also have been put on a corrective action plan of some kind. Is that related to your DUI or something else? Do you hold a CDL? Any endorsements? Were you asked about and did you disclose the DUI during the recruitment process? How long ago was this DUI? Suspension is common when an employer needs to sort out legalities or make a decision regarding continued employment. It is also 100% legal. There are no time limits on how long they may take or when they must/can contact you for your side of the story. In fact, they need never ask for your side though most employers will.

 

[notworkingnow]

They did get my side of the story and all information was reviewed by their legal team who gave me the ok to come back to work. My lawyer is for the DUI and advised me not to disclose the incident . I was already hired before the DUI. The corrective action plan was done to say I have to have my license by 6/1/15. Which I Will have by Monday with a court order stating by license was never suspended. I do not have CDL. I am a social worker. I know I brought this all upon myself but I wish they would just decided what they want to do with me. Thank you for your feedback.

 

[notworkingnow]

I have not been fired just suspended. Maybe I should just resign?

 

[Betty3]

Whether to resign is up to you. However; if you resign, you will not likely get unemployment ins. You don't generally get UI if you quit. You want to have other employment before doing any resigning. If you are terminated, you might or might not get UI - it would be up to the state to decide if you qualify based on various reasons. (quarters worked, reason for termination etc.)

 

[notworkingnow]

Thank you for your reply. I am aware of this but just wondered if it looks better to resign in terms of finding future employment which I Will have to do one this legal matter is resolved. I have not been to court to find out if I Will be judged guilt or not.

 

[army judge]

Thank you for your reply. I am aware of this but just wondered if it looks better to resign in terms of finding future employment which I Will have to do one this legal matter is resolved. I have not been to court to find out if I Will be judged guilt or not.

If you received a DUI, don't allow them to confuse you.
If the DUI is still pending, meaning the court proceeding is ongoing, that's a problem.
There's very limited defenses that one can use to BEAT a RIGHTEOUS DUI.

In your state, Alabama, if this is your first DUI (or your second), here are the possible penalties:

First Conviction:

Imprisonment - Up to 1 year in municipal or county jail (no minimum mandatory sentence)
Fine - $500 - $2,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
Mandatory - 90-day license suspension, DUI school attendance

Second Conviction:

Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service
Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)
Mandatory - Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days
DL Revocation - 1 year

http://dps.alabama.gov/Home/wfContent.aspx?ID=40&PLH1=plhHighwayPatrol-DUIConvictions


Your state's point system:

http://dps.alabama.gov/Home/wfContent.aspx?ID=30&PLH1=plhDriverLicense-PointSystem

Depending on what you blew after arrest, this discusses mandatory IID.
If you REFUSED to blow, an IID is required anyway:

http://dps.alabama.gov/Home/wfContent.aspx?ID=30&PLH1=plhDriverLicense-Interlock


More than likely, you answered honestly when asked on your application if you had been convicted.
As the charge appears to still be in litigation, you haven't or hadn't been convicted.
The agency learned of the the DUI charge, and suspects you'll be convicted.
That is more than likely why you're felling their pushback.

If you've only been employed two or three months, this article by your state's UI agency explains what qualifies for payment:

http://www.labor.alabama.gov/docs/guides/uc_brr.pdf

Frankly, I see your point.
I also see the agency's point.
If I were you, I think I'd just save myself the aggravation and resign.
What do you do?
Well, that's your decision to make.
Your problem is going to be that DUI conviction.
It'll haunt you for two or three years, professionally and personally.
Its a tough call, and I do wish you well.

 

[cbg]

IMO your lawyer gave you very bad advice.

 

[ElleMD]

Ditto on the bad advice from the lawyer. I can see a lawyer telling you that you don't have a legal obligation to report it to your employer but that is not the same as telling you to remain mum, especially if you drive as part of your job or deal with those with substance abuse issues. Employers hate surprises. They hate them from brand new employees even more. Your lie of omission is working against you here and I doubt your employer trusts anything you say, especially your promises about what will happen in the future (legal to drive, license returned Monday, etc.). If at any time you were driving on the job without a currently valid and legal license, not one retroactively re-instated (though honestly I have never heard of that being done) I am not optimistic about your odds with the employer.

Whether you quit or wait to be fired is up to you. Either way you are going to have some explaining to do to future employers. The DUI is public record so I would be honest about it going forward.

 

[notworkingnow]

To Judge Amy

Thank you for all you did to respond. This is my first time ever in any kind of trouble. Never even a speeding ticket. I got to court in June , pay a large feel and then take some classes. The plan is it get this charge off of my record. In the city, I was stopped. DUI is not reported to the state. If I take some classes, things should work out. Now my work is questioning my daily activities and thinking I have not been doing what I report I am doing. I have always been a good employee and never written up for any reason during my past 23 years of working in the counseling field. I made this one stupid mistake and now my life is being turned upside down. I guess I just have to pay the price but I cannot believe untrue things are being questioned about me. I have documents to back all this up but now they cannot be seen since they are inactive. Thanks again.

 

[army judge]

Thank you for all you did to respond. This is my first time ever in any kind of trouble. Never even a speeding ticket. I got to court in June , pay a large feel and then take some classes. The plan is it get this charge off of my record. In the city, I was stopped. DUI is not reported to the state. If I take some classes, things should work out. Now my work is questioning my daily activities and thinking I have not been doing what I report I am doing. I have always been a good employee and never written up for any reason during my past 23 years of working in the counseling field. I made this one stupid mistake and now my life is being turned upside down. I guess I just have to pay the price but I cannot believe untrue things are being questioned about me. I have documents to back all this up but now they cannot be seen since they are inactive. Thanks again.

No problem notworking.
Read this article written by a licensed Alabama attorney.
He explains the devastating damage a DUI conviction will do, including remaining on your record for five years.
There's no way a DUI conviction (or plea) isn't reported by any state in this country.

http://www.mahaneylaw.com/dui-faqs-part-2.html