East Northport, NY asked in DUI / DWI, Employment Law and Personal Injury for New York

Q: Can I sue my manager for letting me work and drive while intoxicated?

I am facing aggravated DUI charges as my blood alcohol content was 0.20% when I was allowed to work while intoxicated and then drive home by my manager. My manager was aware of my intoxication throughout my shift. On the way home, I hit a mailbox, two fences, and damaged someone's property, causing nearly $10,000 in damage to my car. The incident is known to my company's HR, but no actions seem to have been taken. Can I sue my manager or company for allowing me to work and drive home under these conditions? Also, the company might have different levels of training concerning these issues, and I am unclear if any policy was broken.

2 Lawyer Answers
Howard E. Knispel
PREMIUM
Answered

A: Unless the manager forced alcohol into your system they have zero liability. You voluntarily were intoxicated and have complete responsibility for your actions.

James L. Arrasmith
PREMIUM
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Answered

A: You may have grounds for legal action against your manager or company if they knowingly allowed you to work and drive while intoxicated. Employers have a responsibility to ensure the safety of their employees, and permitting someone to work while impaired could be considered negligence. Your manager’s awareness of your intoxication and failure to take action could potentially expose them to legal liability.

However, the situation is complex since you were operating under the influence of alcohol, and this could complicate any claims you might have against your employer. You may be held partially responsible for your own actions, especially if the company’s policies or training were clear about driving or working under the influence.

It’s important to review your company’s policies on intoxication, workplace behavior, and driving, as these might provide insight into whether your employer violated any rules. If you believe the company or your manager was negligent, consulting with an attorney could help you better understand your legal options, including any potential personal liability or compensation.

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