Terminated for not having a Drivers License

Previous | Next
 rated by 0 users
Latest post Tue, Feb 7 2017 3:04 PM by Taxagent. 13 replies.
  • Sat, Feb 4 2017 6:38 AM

    • Gil72
      Consumer
    • Not Ranked
    • Joined on Sat, Feb 4 2017
    • CA
    • Posts 3

    Terminated for not having a Drivers License

    i was working as a Security Guard for a health care provider for 11 months. I was terminated for not having a drivers license, which I couldn't understand. Before I was hired I explain to HR that due to me owing back pay on my child support that I wasn't able to apply for a Drivers License until the amount was fully paid off. I was hired on with no Drivers Licence until recently when another guard was going thru the process and didn't have a Drivers License. My manager ask HR  " We hired Gil with no Drivers License ". HR contacted me and gave me 30 days to show proof of a Drivers License. It is not essential for me to have a drivers license for my job duties as I've been doing my job for nearly a year. We don't have a company vehicle and I never been late. So can I really get fired for not having a Drivers License even if it's not essential to perform the job duties.

  • Sat, Feb 4 2017 7:08 AM In reply to

    Re: Terminated for not having a Drivers License

    Gil72:
    So can I really get fired for not having a Drivers License even if it's not essential to perform the job duties.

    You can be laid off for any reason or no reason, EXCEPT for certain specific reasons that are listed in national and/or state antidiscrimination laws - your race, national origin, sex, disability, age (over 40), sexual orientation, or having engaged in protected whistleblower activity.  So yes, I'm pretty sure you can be let go for not having a driver's license.

    You can't legally be fired "for cause" and denied unemployment benefits for a reason like that, though.

  • Sat, Feb 4 2017 8:28 AM In reply to

    Re: Terminated for not having a Drivers License

    karen2222:
    So yes, I'm pretty sure you can be let go for not having a driver's license.

    I have to do a search later that setting this kind of requirement when it is not material to the job being done is discrimination.  The case law is on an elderly african american janitor who had done the job for years and was let go for not having a high school diploma.  A HS diploma is not necessary to be a janitor in an elementary school.

    The court(s) ruled that make a requirement like a degree, diploma or license that is immaterial to the job description and requirements is discrimination that could potentially keep minorities out of the job.

    "In November 2011, the United States Equal Employment Opportunity Commission (EEOC) answered a question about the effect of the Americans with Disabilities Act (ADA) on employment qualification standards that bar persons who do not hold high school diplomas from particular jobs. In the EEOC's response, it said that an across-the-board high school diploma requirement may violate the ADA if the requirement effectively eliminates job applicants who cannot get a high school diploma because of a learning disability if:

    • The requirement screens out persons who cannot get a high school diploma because their learning disability causes them to score poorly on end-of-course testing/assessment needed to earn the diploma; and
    • The employer cannot prove that the diploma requirement is job-related and consistent with business necessity."

    I would argue in the OPs case that if the DL is not job relatedand consistent with business necessity that the termination violated the EEOC laws on not holding financial issues against an applicant or employee since the child support arrears are not material to the job either.  

    I would consult an employment attorney ASAP as there may be illegal discrimination going on but it will take a lawyer to sort it out.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Feb 4 2017 10:28 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Terminated for not having a Drivers License

    CA protects some characteristics beyond many other states ...such as obesity .....but it may not be illegal to discriminate against other things whether logical or fair in eyes of beholder .....now if possession of a drivers license is being used as a surrogate screen or adverse impact for some minority status that might be different ..but CA may well issue drivers licenses wo checking citizenship or visa status.....not every characteristic is protected.    I don't think lack of license due to not paying child support is going to be a popular cause to debate? 



  • Sat, Feb 4 2017 11:40 AM In reply to

    • Arthur3
      Consumer
    • Top 150 Contributor
    • Joined on Sun, Jan 21 2007
    • Posts 294

    Re: Terminated for not having a Drivers License

    Was it because you didn't have a drivers license or was it because you didn't have a valid ID?

  • Sat, Feb 4 2017 12:38 PM In reply to

    • Gil72
      Consumer
    • Not Ranked
    • Joined on Sat, Feb 4 2017
    • CA
    • Posts 3

    Re: Terminated for not having a Drivers License

    Because I dont have a drivers license.

  • Sat, Feb 4 2017 12:42 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Terminated for not having a Drivers License

    FIle for unemployment and move on with life .......



  • Sat, Feb 4 2017 12:43 PM In reply to

    Re: Terminated for not having a Drivers License

    First, when you owe back support, your license is suspended.  It's not just that you don't have one.  If you get caught driving, it's a crime.  Second, you CAN get your license back if you make payment arrangements with the child support enforcement office.  Lastly, not having a license is not a protected class under CA or federal law UNLESS the reason you don't have one is because you are disabled, which you are not so, yes, you can be fired for not having one.  It's not just whether you are required to drive on the job. 

  • Mon, Feb 6 2017 10:37 AM In reply to

    Re: Terminated for not having a Drivers License

    I suggest you carefully review "JamyeP's" response about how to keep your driving privileges with outstanding child support obligations.

    Beyond that, California has some fairly restrictive (on the employer) laws about the extent to which an employer may take adverse action against an employee based on matters that are unrelated to the employment.  I believe -- but am not certain -- that, unless driving is one of your job duties, it is not legal for your employer to terminate you for not having a driver's license.

  • Tue, Feb 7 2017 4:42 AM In reply to

    Re: Terminated for not having a Drivers License

    ClydesMom:
    I would argue in the OPs case that if the DL is not job relatedand consistent with business necessity that the termination violated the EEOC laws on not holding financial issues against an applicant or employee since the child support arrears are not material to the job either.  

    You need to understand two things about the EEOC’s positions on things like this. First, the EEOC’s positions are not law and don’t become law until the appellate courts issue opinions consistent with the EEOC's position. The EEOC has a mixed record of success in this regard. Second, it is not federal law (regardless what the EEOC might want) that any reason for termination that is not consistent with business necessity amounts to illegal discrimination and thus is illegal. If that were the law it would turn American employment law on its head an convert our at will employment system to one more like some European nations that require good cause (or more) for termination. That is clearly not the state of American law.

    Second, you skipped over a key part of the requirements to make the case for illegal discrimnation under federal law in this sort of circumstance. One of the critical steps in the sort of analysis that EEOC is using in the example you cited is that the policy of the employer must have the effect of discriminating against a protected class even though on its face it appears to be nondiscriminatory. That is, what is necessary to prove first is that the policy of the company would have the effect of discriminating against a protected class. So if the policy is that the company will not hire or will terminate anyone without a driver's license, the plaintiff would have to show that applying this policy would adversely impact some protected class significantly more than another. In other words, one would need to show, for example, that such a policy would tend to exclude, say, one race signficantly more than others to claim the policy resulted in illegal race discrimination, Further, the OP would need to be part of the indentified disadvantaged class to succeed.

    Only once the plaintiff proves the discriminatory effect of the policy would the employer need to resort to a defense that the termination of the particular employee was based on business necessity or otherwise justified.

    So far as I know, there is no good case to make that one protected class would be significantly disadvantaged by a policy that the employee must have a driver’s license other than another, other than perhaps, a disabled employee. So if the OP were a disabled employee who could not drive because of his disability then perhaps he’d have a claim to pursue. But the facts here do not suggest that to be the case, and I'm not seeing any other possible discrimination claim that could apply here.

  • Tue, Feb 7 2017 11:24 AM In reply to

    • Gil72
      Consumer
    • Not Ranked
    • Joined on Sat, Feb 4 2017
    • CA
    • Posts 3

    Re: Terminated for not having a Drivers License

    You sound like you know about these types of matters. If you where in my shoes what would you do? Don't mean to put you on the spot.

  • Tue, Feb 7 2017 12:07 PM In reply to

    Re: Terminated for not having a Drivers License

    It's worth pointing out that "JamyeP" and I are the only California attorneys who have responded in this thread.  "Taxagent" is an attorney, but not a California attorney, and the others who have responded are neither attorneys nor in California.  It's also worth nothing that "Taxagent" was only addressing a "red herring" issue of federal law that one of the non-attorneys had mentioned.

    As I wrote in response to your original post, I suggest you carefully review "JamyeP's" response about how to keep your driving privileges with outstanding child support obligations.  That may resolve the issue entirely (although it may take more than the 30 days that your HR department gave you).  Beyond that, as I also wrote, California has some fairly restrictive (on the employer) laws about the extent to which an employer may take adverse action against an employee based on matters that are unrelated to the employment.  I believe -- but am not certain -- that, unless driving is one of your job duties, it is not legal for your employer to terminate you for not having a driver's license.  If you cannot resolve this by doing the things "JamyeP" mentioned and working with your HR folks, then I suggest you consult with a local attorney who handles employment law matters.

  • Tue, Feb 7 2017 1:06 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Terminated for not having a Drivers License

    THere is some sort of CA law to inhibit discrimination against those wo an ID or a drivers license ...not my area of much knowledge except it's there someplace . But I think it's in contect of immigration status ....and if one lost a license due to DUI or child support arrears or simply never got one ...it might not help. 



  • Tue, Feb 7 2017 3:04 PM In reply to

    Re: Terminated for not having a Drivers License

    Drew:

    THere is some sort of CA law to inhibit discrimination against those wo an ID or a drivers license ...not my area of much knowledge except it's there someplace . But I think it's in contect of immigration status ....and if one lost a license due to DUI or child support arrears or simply never got one ...it might not help. 

    California issues special driver's licenses to undocumented aliens and others who cannot provide a Social Security number and California law prohibits an employer from discriminating against an employee because he or she holds that kind of license. California Vehicle Code § 12801.9(h). That same statute also prohibits an employer from requiring an employee to present a driver's license unless the employer requires that the employee possess a driver's license and the employer’s requirement is “otherwise permitted by law.” The statute goes on to say that “This section shall not be construed to limit or expand an employer’s authority to require a person to possess a driver’s license.” Whether that would apply to prohibit the employer from terminating the OP in this circumstance is unclear to me, but my take on it given the statute as a whole is that is likely does not prohibit the employer from doing that.

    The OP may want to consult a California employment law attorney about this.

Page 1 of 1 (14 items) | RSS

My Community

Community Membership New Users: Search Community