Foreman gets DWI

Discussion in 'Business Operations' started by MudslinginFX4, Jul 24, 2006.

  1. MudslinginFX4

    MudslinginFX4 LawnSite Bronze Member
    Posts: 1,170

    Well, hired a new foreman a couple of weeks ago, this weekend he goes out and gets a DWI. Would you fire him now, before he goes to court and get's convicted, or would you wait until after his court date and if he gets fire him then? He is getting a laywer, but even then may not get off. This is his first conviction. How would you handle something like this?
  2. TWUllc

    TWUllc LawnSite Senior Member
    Posts: 406

    Why fire him? Out on the weekend, on his own time, in his own vehicle? Wouldn't hold it against him. You'd be surprised how many people have the "blow tube" in their cars. 2nd time, yes.
  3. MudslinginFX4

    MudslinginFX4 LawnSite Bronze Member
    Posts: 1,170

    He can't drive my vehicle with a dwi conviction... my insurance will go through the roof.
  4. TAZ

    TAZ LawnSite Senior Member
    from Ohio
    Posts: 344

    If it's his first offence and he has a lawyer he probably will get off with reckless opp at the most unless he caused an accident. I have seen allot of people walk from their first.

  5. grass_cuttin_fool

    grass_cuttin_fool LawnSite Gold Member
    Posts: 3,503

    I think you would have to have a clause in the employee manual or in the paper work when he was hired to posess a valid drivers liscense. Back in the day when I was a mechanic, we had to maintain a valid CDL, if we got enough negative points or a conviction that we lost our liscense, we lost the job also. To be a mechanic, you had to be able to drive and diagnose problems and with out the liscense you couldnt.

  6. bigjeeping

    bigjeeping LawnSite Senior Member
    Posts: 903

    I'm not EXACTLY sure what the law states in Michigan but it is along the lines of: you cannot have an employee operate a commercial (business) vehicle if he has had any DUI related charges within 6 months? 12months? One of the two.
    Even if he has a valid driver's license, it's the law.

    Look up your states laws! There are many.
  7. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    If I could legally fire him now I would, its just a matter of time before the rocket scientist screws up again.

    NIXRAY LawnSite Senior Member
    Posts: 511

    If He Was "off" The Clock In His Car, Let Him Go, Don't Let Him Drive Your Truck's..way To Much Hassle For The Company, Give It The One Strike...two Strike...three Outa Here. Deal
  9. POPO4995

    POPO4995 LawnSite Bronze Member
    Posts: 1,206

    He would not touch my vehicle(s). Im sorry, I would terminate him. I dont like Drunk Driving and will never give anyone a second chance on that subject. Everyone has choices in their life.....he chose a wrong one. JMO
  10. dcondon

    dcondon LawnSite Silver Member
    Posts: 2,246

    Better check the law because I don't think you can fire him unless he was on the clock. Just have someone else drive and continue on what they were doing.JMO

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