How to Fire an Employee After a DUI Charge

Overview
Driving under the influence is a crime in every state. People who drive while under the influence of drugs or alcohol are endangering themselves and everyone around them. To fire employees arrested for DUI, you must be positive that they understood your company's zero tolerance policy on drunk driving from the first day they were on the job.

Step 1
Add a clause covering public morality to your company's employee handbook. Specify in the morality clause that arrests for public intoxication and driving under the influence reflect badly on your company and will not be tolerated by any employee.

Step 2
Review every section of the handbook with new employees on their first days on the job. Explain every rule, including those covering morality in general and specifically the rule on termination due to DUI arrest. Have new employees sign statements saying they were informed of the rules and understand them. Keep this paper in the front of each employee file.

Step 3
Contact the police department as soon as an employee tells you about a DUI arrest. Ask a police officer to corroborate the arrest.

Step 4
Write a letter of termination. Outline your company's morality policies and stance on DUI arrests. Remind employees that they signed letters stating they understood your policies. State that the DUI arrest is the reason for termination.

Step 5
Review the letter of termination with the employee. Keep the discussion on point and focused on the DUI and your policy. Give the employee a copy of the letter of termination and tell him how long he has to gather belongings and vacate the property.

Warnings
Consult an attorney through this process. Labor laws vary from state to state. An attorney can tell you if your company policy is legal in yours.

Reference
Total DUI, LLC.; Can I Get Fired for a DUI?; Kevin W. Chern, Esq., 2011