Unfortunately, a driving while intoxicated (DWI) charge or conviction can negatively impact your career. In New York, employment and DWI laws are often related to one another. Understanding state regulations is essential to protecting your livelihood.
The reality of at-will employment
Since New York is an at-will employment state, employers can generally terminate you at any time with or without reason. Having a DWI on your record can go against company rules, especially if it directly relates to your duties or poses an unreasonable risk to safety.
Despite the at-will doctrine, the law prohibits employers from the following:
- Dismissing you automatically without conducting an eight-factor analysis
- Terminating you based on a past arrest that was dismissed or resulted in a non-criminal infraction
Considering these regulations, you might be wondering about your rights regarding off-duty conduct.
The application of labor laws to DWIs
While the New York Labor Law 201-d protects your right to drink alcohol off-duty, it does not protect illegal acts. The law does not consider operating a motor vehicle while intoxicated an exception, as this is a criminal offense.
The stakes are higher if your job belongs to the trucking and health care industries. Employers can take action if a DWI creates a material conflict of interest with the business. Losing a license can mean you cannot perform the essential functions of your job.
Taking action to protect your future
A DWI can significantly affect your future. From employment prospects to professional reputation, your livelihood is on the line. Seeking legal counsel is the best step forward in finding ways to keep your record clear.