Eureka, CA asked in Employment Law for California

Q: On SDI from non work injury and 3 weeks later got a DUI. Work wants to terminate for no license which I have what 2 do?

My wife is on California state disabilty from work for an auto accident. 3 weeks later she got a DUI in my vehicle and has had her license extended by her lawyer at her DMV hearing. She had a court date and her lawyer appeared for her but no charges have been filed. The arrest date was 7/28/2013. Her work ran a DMV report and it stated she had no license (which she does have) from a incident that occurred on 7/28/2013. (They have never said anything to her about it being a DUI they just called it a incident and not sure they know). Now they are pretty much trying to force her to put in her resignation or be terminated. The supposed grounds for termination is not having a valid drivers license. She is required to have a license to drive GSA vehicles.. Can her work fire her for the license thing while on disability? Why are they trying very very hard to make her resign? ( I mean really hard.. HR is having a temper-tantrum almost). Whats her rights as a employee on disability?

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1 Lawyer Answer
Arkady Itkin
Arkady Itkin
  • San Francisco, CA
  • Licensed in California

A: If the driver license requirement for your wife's position is in place, then failure to have a license or having it suspended is a legitimate reason for termination, and her disability does not change that.

If there is some kind of misunderstanding regarding your wife's license and the license is actually valid, then you should clarify this with the employer as soon as possible. Then, if they still try to terminate her (or force her to resign) it might be worth looking into whether there is a potential wrongful termination and disability discrimination claim here.


Arkady Itkin

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