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Employment Law/Suspected DUI


I have been notified that an employee may have been convicted of DUI. It has also been stated that the employee has a breathalyzer unit installed in their personal vehicle. The issue this presents is that the employee job duties require them to drive a company vehicle. This employee has not come forward with any information to management of their situation. We have no factual proof of this incident. Nor do we know the terms of their restrictions. What options does an employer have? Thank you.

You cannot rely on hearsay to talk to someone about this.  If you can find it in the section of the newspaper where they print arrests you can say you were reading the paper and came across it and than you could probably ask about it only since he is driving a company vehicle. You can find out for sure by looking it up on the court docket for your city. We have a website called Idaho repository where you can see all convictions by typeing in a name.

You could also call the DMV and find out if his license has restrictions. What you can do is make a new policy that says any employee driving a company vehicle must show a valid unrestricted driver's license beofore driving the vehicle. It would mean you would have to check every license, but it might be worth it to protect your company.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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