Most criminal convictions have collateral consequences, and DUI may be one of the worst. For example, a DUI conviction usually means much higher auto insurance rates. Additionally, as outlined below, DUI could affect both employment prospects and job status.

Like most other jurisdictions, Tennessee is an at will employment state. Typically, employers can fire employees for good reason, bad reason, or no reason at all. However, they may not fire employees for an illegal reason. So, the $64,000 question is whether DUI is an illegal reason.

Illegal Reasons to Fire Someone

Generally, employment law has basically nothing to do with bail bonds in Clarksville, TN. But since you asked “Can you get fired for a DUI?” we’ll do our best to answer the question.

A long line of federal laws, mostly the 1964 Civil Rights Act , prohibit employment discrimination. Tennessee has some state laws on the subject as well. These laws involve both status and activity protection.

In the 1960s, status discrimination was fairly clear cut. Sixty years later, that’s no longer the case, at least in many categories. Some protected classes include:

• Race,
• National origin,
• Gender,
• Age, and
• Disability.

Disability discrimination is a good illustration of how complex these categories can be. The 1990 Amercians with Disabilities Act prohibits disability discrimination in hiring, firing, and other employment matters. “Disability” is an extremely broad word. Essentially, a disability is any physical, mental, emotional, or other condition which substantially impairs a person’s daily routine in some way.

Moreover, the disability does not need to be genetic or even completely involuntary. Obesity may be a disability in certain situations. Substance abuse may be a disability as well.

Federal and state laws also protect certain activities. Even though an employer can fire at will in Tennessee, they may not fire for activity like:

• Harassment : Everyone has a right to a harassment-free workplace. That includes things like racial harsssment, personal bullying, and sexual harassment. Complaining about harassment is a protected activity. So is speaking up about harassment ( e.g. encouraging someone to file a complaint or being a witness in an investigation).
• Organization : The National Labor Relations Act applies to most activities related to forming or decertifying a union. The NLRA also applies to related conduct, such as discussing wages, benefits, or working conditions with fellow employees.

Alert readers probably noticed that DUI was nowhere on the list of protected classes or protected activities. However, extremely alert readers probably noticed that “substance abuse” could be a disability. This is where things get complicated.

Many times, DUI, drug possession, and other such offenses are symptoms of substance addiction. If that was the case regarding the DUI and your boss fires you, that firing could possibly have violated the ADA (Americans with Disabilities Act). Such a claim would probably be extremely difficult to win. But in some cases, it may be a battle worth fighting.

DUIs and Getting Hired

But in almost all cases, DUI is not exempt from the at will employment law. We should say that, if you have an employment contract , the rules are different. Generally, unless the employee breaches the contract, any firing is probably illegal. Many contracts stipulate that employees must report criminal convictions or even arrests.

Additionally, a DUI may come up during a job interview. Many jurisdictions in Tennessee have ban the box laws. These laws prohibit questions about criminal backgrounds during screening interviews. However, in any follow-up interview, criminal background is fair game.

If the job involves driving in any way, DUI may be a deal-breaker. Many companies will not insure drivers with DUI convictions. Additionally, many employers see DUI as evidence that the person makes poor decisions under pressure.

At any rate, a criminal background is not a protected status and it certainly is not a protected activity. So, the employer retains the right to fire an employee at will.

DUIs and Getting Fired

We have basically covered this topic, but since the law is complex, we’ll try to sum things up here.

Generally, DUI is not a protected status. DUI could possibly be related to drug or alcohol addiction, which could be a protected disability. But that is a rather tenuous claim.

DUI is also not a protected activity. Pay close attention to the question the boss asks. Sometimes, they want to know about arrests. Sometimes, they want to know about convictions. Bear in mind that, if you received pretrial diversion or deferred disposition, you were not convicted. Similarly, if you were arrested for DUI and pleaded guilty to “wet reckless” (basically reckless driving that is a misdemeanor but not as bad as a DUI), you were technically not convicted of DUI.

Dealing with DUIs

The best way, and often the only way, to deal with collateral DUI consequences is to fight the charges in court. Both substantive and procedural defenses may be available. The most powerful first thing to do in Tennessee is secure pretrial release by contacting Fizer Bonding Company in Montgomery and Robertson Counties and securing your bail bond with them. They will be able to answer your questions regarding the bail bond procedures and bail release. Next, tell your lawyer your concerns, and remember that you have a lawyer to be there on your side to fight for you.

As mentioned, some dispositions may be available which do not result in a DUI conviction. Programs like pretrial diversion and deferred disposition vary greatly in different counties and even in different courtrooms.

The best way to deal with a DUI conviction is to be upfront. If a current or potential employer asks about a drinking and driving conviction, do not lie. That only makes things worse. If you have an otherwise good employment record or would add value to the organization as an employee, the boss may be willing to make other arrangements. All you can do is try.

It is almost impossible to obtain a favorable DUI disposition if the defendant is in jail. So, the first step toward reducing the collateral employment consequences of a DUI is to partner with Fizer Bonding Company (bail bond Clarksville TN). For more info about bail bonds, click here . Our family-owned company has served the bonding needs of Montgomery and Robertson Counties for over 40 years. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents.

“We’ll get your tail outta jail!”

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

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