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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102584
Experience:  Years of experience in running a medium sized law firm.
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I have an outside commissioned salesperson who's drivers

Customer Question

I have an outside commissioned salesperson who's drivers licenses has been suspended for DUI. This occurred before hiring and in a regular licenses inspection we discovered this. May I suspend this terminate this person because of liability reasons? I am in Texas.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. The answer is yes. There is no mandate to continue to employ an employee or a contractor who falls beneath an employer's expectations. In fact, the employer does not OWE an explanation as to why the person is being terminated. The only time an employer cannot do this is if:

PUBLIC POLICY (unlawful discrimination based on gender, race, religion, etc), or

CONTRACT (meaning the employment/contractual relationship is governed by a contract that specifically limits the termination to certain occurrences/reasons).

Assuming neither of the above is true, a company can indeed terminate the individual. Really, for any reason with the exceptions above in mind. NOTE that if there is a contract, the verbiage about terminations may be a little ambiguous sometimes. Let me know if this is the case.

I hope this helps and clarifies. Please 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. 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 with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!