Legal Question in Civil Rights Law in New Mexico

Dwi

Can your place of employment fire you

from your job if you get a DWI?


Asked on 10/22/08, 8:21 pm

1 Answer from Attorneys

Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Dwi

In New Mexico and most other states, an employee can be fired "for a good reason, a bad reason, or no reason at all." This is called the "employment at will" doctrine.

The Employment At Will Doctrine is modified by union contracts or any written contract, if such a contract exists for your job. If you are a state employee, it is modified by the State Personnel Act. If you are a federal employee, it is modified by Merit Systems Protection. If you are a local (county or municipal) employee, the Employment at Will Doctrine may be modified by the personnel rules and regulations of your specific employer.

Under most systems, getting a DWI is most likely sufficient cause for termination. There may well be exceptions, however, especially if driving is in no way related to your job duties.

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Answered on 10/22/08, 8:31 pm


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