wrongful termination

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Latest post 05-27-2012 4:21 PM by LG81. 2 replies.
  • 05-27-2012 2:33 PM

    wrongful termination

    to whom it may concern; I was re-hired for a position in 2009 as a (gm) for a large hotel facility. During my application process I was asked for my drivers license or ID . I willfully told the human resources rep that I did not have a valed drivers license. Her reply was that it was not neccessary for the possition I was applying for. I was hired and went to work at a beachside facility. On my second week of work I was asked by my manager to take the work truck to pick up some material to be used on property. I then asked my manager if I could talk to him privately after which I informed him that I did have a valed driverslicense. He responded to me by aking If I new how to drive, and I said yes. His following response was that If I did'nt say anything that he would not either, but he said that if he needed me to drive while at work then that was my responsibility. I replied that whatever it takes to keep my job I would follow his direction. About a year later with the same company my work ethics and experiences put me in a position for advancement and pay increase, unfortuneately it also requierd me to have a drivers license. The new job was not one that was posted to bid on but was pushed upon me by my superiors. Of course in that enviroment when you are given a direction or opportunity for advancement you should take it because it will not come around again. After consulting with family and friends I decided to re-assure my manager that I did not have a valid drivers license. The manager re- acted negatively and for the next months following constantly hasseled , pressered. and threatened me while at work. I was actively working with an attorney from chicago and an evaluater locally to rectify my situation. Unfortunately no one has the ability to rush the legal processess each state has established for this type of procedure. It has taken a long time but I was never given a time line to produce a valed drivers license and recently I was terminated for failure to have my license

  • 05-27-2012 2:45 PM In reply to

    Re: wrongful termination

    terry hudnall:
    It has taken a long time but I was never given a time line to produce a valed drivers license and recently I was terminated for failure to have my license

    I'm sorry, but this is not "wrongful termination" as that term is used in the law. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:

    • of your race, religion, sex, national origin, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor or by the IRS; and
    • you took time off work to attend jury duty (in most states).

    Being fired for not having a driver's license is not wrongful termination because it's not among the few prohibited reasons listed above. Particuarly where the job requires having a driver's license, not having one will always be a valid reason for terminating you. 

    I'll guess that the reason you don't have a license is that the license was revoked or suspended. Until you resolve that and get your license reinstated, I suggest you look for work for which no driving is required. 

  • 05-27-2012 4:21 PM In reply to

    • LG81
      Consumer
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    • Joined on 01-03-2010
    • Posts 4,312

    Re: wrongful termination

    If a valid license is required for your position, then it is quite legal to terminate you for not having a valid license.  FL -- and 48 other states plus some territorities -- have at-will employment wherein an employer can terminate an employee for any reason or no reason at all unless the reason is specifically prohibited by law. 

    Some of the reasons for termination that are prohibted by law include: race, religion, age (if over 40), sex, leave from work for military deployment covered by the USERRA, bankrupcty filing, single wage garnishment, and protected whistleblowing.  (The latter doesn't always have to be to a government agency.  There are some very specific types of "whisteblowing" wherein a report does not have to be made to a government agency for it to be protected.  However, your situation is not one of those.)

    terry hudnall:
    I was actively working with an attorney from chicago and an evaluater locally to rectify my situation. Unfortunately no one has the ability to rush the legal processess each state has established for this type of procedure.
      

    Unfortunately, various process -- especially when the government is involved -- take time.  Other than assertively doing everything necessary on your part, you cannot control how long something takes.  If by "rectify my situation" you mean get your license reinstated, that can take a lot of time, depending on the nature of your suspension or revocation.  If driving was necessary for performing your duties, the employer was left with three choices:  1) knowingly let you drive illegally  2) find a replacement who can legally drive or 3) have someone else perform the duties that required driving, costing the company money.

     

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