My question involves labor and employment law for the state of: California
Ive been working at my current job for about a decade and am up for a promotion. The problem is that I was convicted of two misdemeanor DUIs over the last 5 years (most recent conviction was about 7 months ago, although the arrest was over a year ago). My employer has no knowledge of either conviction and neither my current position or my potential future position would require me to drive for work or have a valid drivers license (even though I do have one).
I just found out that my employer will do a MVR (motor vehicle report) to check into my driving background despite the fact that driving isnt an essential part of the job (the paperwork seemed pretty generic in that it said something to the effect of "You are subject to a MVR report and should your position require you to drive, you may be denied employment if you do not meet company standards)."
My question is, would they have grounds to terminate me and/or deny the promotion? Because DUIs are a criminal issue and not just a traffic issue does that give my employer more leeway should they decide to let me go? Would I have any legal recourse if they were to terminate me/deny me the promotion based soley on the findings in the MVR?
Also a bonus question: The company is a pretty big one, and there might be a possibility that HR clears me and doesnt even say anything to my supervisors about it - but thats obviously a roll of the dice. Do you recommend that I tell my supervisors about my past issues BEFORE they get the MVR delivered to them?
Any advice would be helpful
Ive been working at my current job for about a decade and am up for a promotion. The problem is that I was convicted of two misdemeanor DUIs over the last 5 years (most recent conviction was about 7 months ago, although the arrest was over a year ago). My employer has no knowledge of either conviction and neither my current position or my potential future position would require me to drive for work or have a valid drivers license (even though I do have one).
I just found out that my employer will do a MVR (motor vehicle report) to check into my driving background despite the fact that driving isnt an essential part of the job (the paperwork seemed pretty generic in that it said something to the effect of "You are subject to a MVR report and should your position require you to drive, you may be denied employment if you do not meet company standards)."
My question is, would they have grounds to terminate me and/or deny the promotion? Because DUIs are a criminal issue and not just a traffic issue does that give my employer more leeway should they decide to let me go? Would I have any legal recourse if they were to terminate me/deny me the promotion based soley on the findings in the MVR?
Also a bonus question: The company is a pretty big one, and there might be a possibility that HR clears me and doesnt even say anything to my supervisors about it - but thats obviously a roll of the dice. Do you recommend that I tell my supervisors about my past issues BEFORE they get the MVR delivered to them?
Any advice would be helpful
Getting Fired: Can I Be Denied Promotion/Fired if Current Employer Finds Out About Convictions
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