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Disciplinery action legality?

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Papabear27

Junior Member
Massachusetts

Hello I work for the city I live in and recently got an OUI. The posting for my job says I must have a valid drivers license. Well I lost that for 45 days when I disposed of the case with a CWOF plea. Now I have not been terminated but have been told I can't come back because of this, but have not "officially" been notified of anything. Seeing I work with a partner 90% of the time my bosses were ok with me getting driven around by my partner. But the head of personnel for the city has been fighting this since it happened. I believe I'm being unfairly dealt with, I know for a fact she didn't want me hired cause other city employees who she knew were also up for the job even though I was way more qualified than any of them. The head of my dept said he wanted me or nobody. Which I'm sure she wasn't happy about.

Now other employees in other departments have gone thru this but they have a clause in their particular union contracts that deal with a loss of license issue, which basically says they will be demoted to the next lower pay grade/position. Well our contract doesn't have a lose of license clause, nor is there a lower pay grade for my position. They want to imply that rule to me because they're worried if any of those guys hear about me not getting punished there will be issues. So they are brushing off and old position that is no longer available and offering me that at almost a 1/3 pay cut!

Here's my problem. While at a recent meeting they discovered they have a clause in the city car insurance policy that says if you've had a OUI or about 15 other disqualifiing thing in the past 3 years you will not be covered. Well needless to say there are a bunch of people in the city who are out there as we speak driving with any # of these disqualifications. And the city lawyer even said they know they have a "problem" on their hands with this discovery.

Well after this meeting and my union rep pretty much telling them this insurance oversight is going to affect way more people than just me, they came right up with the offer the next day. I'm wondering if they're worried.

The problem with the offer is it says I will go back to my original pay rate when I get my license back or when the insurance policy is remedied which ever comes last. Well I don't know when that will happen but I will have my license back in a couple weeks. And I would be able to go back as soon as I sign it and get driven around until all this is resolved.

Sorry for the long winded story too
 


Papabear27

Junior Member
What is your legal question?

I don't I guess I'm asking do you think I could bring a case against them for discrimination. Maybe that's not the right term? Like I said she didn't want me to get the job in the first place and I feel like she is abusing her powers in dragging this out for a month now to kinda get back at them for hiring me. I've had to use up all my personal and sick time as well. Also we know of other people who have gone thru this and have been right back to work. Not to mention a certain "connected" employee that had a way more serious infraction on the job is on PAID administrative leave. Seems kinda like preferential treatment?
 

cbg

I'm a Northern Girl
Nothing you've posted suggests any discrimination or any illegal practices on their part. Poor management yes - illegal no. I suggest you not rock the boat because I suspect those poor management practices are what got you your job back - press the issue and you AND the other folk who've had OUI's and lost their city insurance as a result may well find yourselves out on your ear.
 

PaulMass

Member
Since you got a 45 day loss of license, you were almost certainly ordered to a 24D program. The registry allows people enrolled in a 24D program to apply for a hardship license (even if you refused the breathalyzer).

The wording of the insurance policy is important. Most first offenders in Mass are not "Convicted". Their case is continued without a finding ("CWOF") and dismissed. The way the laws are written for a second offender, the person must have been previously convicted or ordered to a program. If the insurance policy doesn't include the "or ordered to a program" language, they can't consider someone with a CWOF to have been convicted.
 

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