DWI in Arkansas

lins

I'm now working at an organization where the practice has been to allow accomodations for employees who have been found guilty of a DWI to remain employed eventhough part of their job is to drive a company vehicle. The State automatically demands an ignition interlock device be place on the their auto for six months so they cannot drive our company's autos. Our insurance carrier will not allow them to drive company autos an additional six months. We are looking at one year the employee cannot drive a company vehicle eventhough it is stated in their job description they must hold a valid drivers license. This decreases productiviity because someone else has to drive them to a location.

Does anyone else have this issue? I would like to change the practice with a written change in procedure that they would no longer continue to be employed if they cannot hold a valid drivers license. Do you think it would hold up as an essential part of their job? The positions drive from one location to another on a regular basis (daily).

Please give me some input if you think we should stay the way we are or make the change.

NaeNae55

Only you can determine how essential it is for your employees to be able to drive. It is essential for the employee to go to these other locations? How much of a hardship is it for another employee to drive this one? (I can't imagine this not being a real hardship if you have to do this for a year.) How long has this policy been going on?

We require every employee who drives in the course of business to have a clean driving record. There would be some lengthy conversations if this happened to one of our driving employees. They would probably be let go, but not without a long talk with our lawyers.

If your employee gets in an accident, you can bet the DWI will become an issue. If it happens while they are under the influence, your goose is cooked. There is just too much litigation coming back to employers for you not to have serious issues. But you have an added issue of accommodating this in the past. I think your best option is to talk this over with your attorney. It is probably time to change the policy, and you want to make sure you do it right.

Good luck!
Nae

sonny

As usual, Nae makes good points. Perhaps not the wisest thing to do, but we look at these situations on a case by case basis and follow our DFWP policy. We have demoted a couple times to positions not requiring a license, fired, put on LOA without pay until they have obtained a hardship license. In some of our positions it is clearly an esssential function of their job and yes I think it would hold up for you, but as Nae said. . talk to a labor attorney.

Sharon McKnight SPHR

lins,

Your first post! Welcome to the Forum. :welcome:

Sharon