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Driving Employee- Revoked License

rachdrachd 7 Posts
in HR & Employment Law Vote Up0Vote Down
I need some help on an issue. We have an employee who is located in a small branch office- there are a total of 4 employees there. The main part of his job is driving- recently, he got a second DWI and has had his license suspended for 90 days (or will be as of the 10th)- meaning he can't perform his job and since it is such a small office, we don't have any other positions to put him in (besides the fact that he didn't inform us until 2 days before his license will be revoked!)

Can we terminate him without legal ramifications? Any advice as well as supporting evidence would be greatly appreciated!
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  • HatchetmanHatchetman 877 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 05-08-01 AT 05:53PM (CST)[/font][p]If the requirement to perform an essential duty of the job is to have a valid and inforce driver license from your state and the employee's license has now been suspended and he cannot legally perform the essential duty, then absent any other information (e.g., what your practice has been in these types of situaitons), you can terminate the employee. I assume when the employee was hired he was told that he must have a valid and inforce driver license at all times or that he could lose his job.


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