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I am a state official and a public servant. On my lunch

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break me and my co-worker...
I am a state official and a public servant. On my lunch break me and my co-worker had a few sips of an alcoholic beverage. We knew not to consume much since we might be subject to a random drug test. Our policy allowed an alcohol content of. 02 percent. About an hour and a half later we proceeded to the local county jail to meet with some offenders to conduct our duties and read the offenders their rights. The captain of the jail asked if we were drinking? I told him that we had a few sips of an alcoholic beverage which our agency allows. He said he will not let us into the jail and that he will call our supervisor. We immediately left. We were not drunk or showed any signs of impairment, or physical observations to determine we that we were a threat. The jail does not have a policy which restricts a person to enter the facility who had consumed alcohol. (The captain wrote a statement to my employer and stated he did not smell any alcohol on my breath). Does this fall under Texas penal code 36.06 obstruction or retaliation? Since he prevented us from doing our job and had no business in calling my supervisor. We returned to our office immediately and notified our supervisor. We were not given a drug test and was allowed to complete the rest of our shift as normal. Three days later, we were placed on leave for on/off duty conduct. Would this be retaliation?
Submitted: 11 months ago.Category: Criminal Law
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Answered in 4 minutes by:
8/3/2017
Criminal Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. It would be difficult to say that under Section 36.06 that the individual would be guilty of obstruction retaliation. Usually, a judge would have to look at the intent of a legislature in basically the intent here was to prohibit people from retaliating against public officials for things that they have done that they did not like. This is probably more of a contractual issue that you may want to pursue. If the law allows you to have a couple of drinks at work, but they did not let you back in to finish your shift, then this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Criminal Lawyer: Legal Eagle, Lawyer replied 11 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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