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    1104tcp's Avatar
    1104tcp Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 20, 2013, 06:11 PM
    Ask an hr manager
    I have interviewed for a job and the hiring manager is interested in me. I was "stopped" for DUI last year, but received supervision, NO CONVICTION. I also have a valid driver's license.

    The hiring manager spoke to HR and was told because of General Liability insurance policy, they cannot hire me for three years.

    They do not provide a company car, only mileage reimbursement.

    My question is:

    If there was no conviction and I have a valid driver's license, not driving a company car, can I go back and get this deal put together?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Jan 20, 2013, 06:16 PM
    If they say no.. then there is nothing you can do... this is completely at their discretion.

    Because while it MIGHT be your car... and your automotive insurance.. the reality is you are on company business and if something would happen they could be sued in court and they would be liable. At least for anything that excedes you coverage which could easily happen in a civil case.
    1104tcp's Avatar
    1104tcp Posts: 3, Reputation: 1
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    #3

    Jan 20, 2013, 06:28 PM
    If there was discretion, they could hire me. They said they cannot for three years, so that tells me they have no discretion in the matter.

    As far as the fact that I am on company business, the traffic stop did not happen when I was on business. So that is a ridiculous leap to think that I would be drinking during business hours. I also have paperwork from state approved counselor showing I am the lowest risk for any future issues. There is the same chance that something could happen with other employees that are working there.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #4

    Jan 20, 2013, 06:35 PM
    Quote Originally Posted by 1104tcp View Post
    If there was discretion, they could hire me. They said they cannot for three years, so that tells me they have no discretion in the matter.

    As far as the fact that I am on company business, the traffic stop did not happen when I was on business. So that is a ridiculous leap to think that I would be drinking during business hours. I also have paperwork from state approved counselor showing I am the lowest risk for any future issues. There is the same chance that something could happen with other employees that are working there.
    Its really not as ridiculous as you think... not with the lawsuit happy people trying to get a buck any chance they see driving up insurance rates as a result.

    Doesn't matter WHAT paperwork you have... the fact is they have broad latitude to not hire anyone... as long is its not for reasons of race.. gender or religion... or certain physical handicaps. Basically things covered under the EEOC law.

    And you will always be a greater risk than anyone NOT stopped before. Perception is everything, statistics are too.

    It's their company.. and they make the decisions... like it or not... that's life.
    1104tcp's Avatar
    1104tcp Posts: 3, Reputation: 1
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    #5

    Jan 20, 2013, 06:44 PM
    Is it possible the hiring manager called HR and just said, this person got a DUI, can we hire them?

    When in fact the non-conviction and valid driver's license would make me eligible to be employed?

    I know others that have had DUI stops and are actually driving COMPANY cars less than three years after their incident.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #6

    Jan 20, 2013, 07:34 PM
    You do realize... they don't HAVE to hire you. And they really don't even NEED an excuse other than there was something about him that wasn't right. Or they simply had better candidates that actually had clean driving records?

    I've seen people not hired because they weren't friendly enough.. or there was just something about them personality-wise.

    That and its impossible you were the ONLY job applicant. And every applicant isn't equal.

    Give it up... spend your efforts looking for someplace else... there is no entitlement to get hired by any specific employer.

    May I ask a question... How old are you and how much experience do you have in that specific field of sales? That can cast additional light on the topic.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #7

    Jan 20, 2013, 08:00 PM
    You can appeal in any way you please but everything smoothy has told you is right on in my opinion and experience. How a company handles the situations that established employees (who may be key to certain operations) get themselves into is entirely different than trying to determine how much risk they wish to incur taking on a new employee.
    I worked for a state government in a division that had thousands of employees who were paid mileage for use of private vehicles. Each year we would receive an insurance card from the company that the state contracted with to cover their liability while those employees were driving while being paid and reimbursed for mileage on private vehicles. We were instructed to give that company's insurance information along with our personal insurer's information in case of accident while on duty. What makes that more significant is that the state was self-insured for state employees driving state owned vehicles but considered the driving risk to be such that they need additional protection in the case of private vehicles.
    It is entirely likely that the hiring manager brought your driving record to the attention of the HR director and possibly also to company attorneys.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,300, Reputation: 7691
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    #8

    Jan 20, 2013, 08:06 PM
    Also you said you got "supervision" which sounds like probation to me.

    It sounds like you plead for a deal and got supervision, This shows up as guilty, anytime you make a deal and it is not completely dropped ( means you get nothing) there is a record of this
    hardhat4377's Avatar
    hardhat4377 Posts: 1, Reputation: 1
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    #9

    Aug 14, 2013, 11:24 AM
    I have been prescreened and selected for a interview this Friday.
    The application asked if I have had a DUI in the last two years. I have not and checked no.
    But got one 4 years ago.
    Do you think after they do the check they will not hire me because of it.

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