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My coworker and I were driving in the company vehicle to Michigan.

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He got pulled over when...
My coworker and I were driving in the company vehicle to Michigan. He got pulled over when we reach the hotel. He happened to be under the influence so he was arrested for DUI. The police officer gave me an HGN. My coworker and I were driving in the company vehicle to Michigan. He got pulled over when we reach the hotel. He happened to be under the influence so he was arrested for DUI. The police officer gave me an HGN testand said that I was drinking as well. I told him that I wasn't many times throughout the stop. I was the passenger and I was in no trouble with the law. But the ne and said that I was drinking as well. I told him that I wasn't many times throughout the stop. I was the passenger and was not in trouble with the law. However the next day I was put on indefinite suspension. Because the police said I was drinking but I was not. Can I be fired because the police accused me of being under the influence?
Submitted: 2 years ago.Category: Criminal Law
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Answered in 1 minute by:
6/17/2015
Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,924
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
Why did the officer even make an issue out of you drinking if you were the passenger? OR, did the officer suspect you of taking turns driving?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 2 years ago
He did not accuse me of driving at all I think it was to give me the keys to the truck being they took the driver to jail. They did not ask me if I would take the keys either. They ended up giving them to my foreman that was already at the hotel .
Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you for your reply.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
It does not matter whether the police did or did not charge you, etc. The employer has the right to take administrative action of suspension or termination for ANY REASON, regardless of whether they are wrong or right in their logic or blame, provided it is not discriminatory (i.e. based on race, religion, creed, etc).
You may have heard the term "right to work," but this only applies to the right to work without being required to join a union as a condition of employment even if a union represents the workers at a particular facility.
As such, the employer can indeed do this. I am sorry.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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Ely, Counselor at Law
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