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Any hope for a guy with an un-clean driving record?

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  • Any hope for a guy with an un-clean driving record?

    I'm looking to start a career in brewing after three years of home brewing, college and about a decade in the workforce in an unrelated field... and a DUI about half a dozen years ago. I notice that a lot of the entry-level gigs I'd be qualified for explicitly state "no DUI" or "clean driving record," even ones where making deliveries isn't a part of the job, which makes me wonder if a job in beer is achievable.

    What's the thinking behind this requirement? Rough yardstick for having the maturity to spend 40+ hours a week surrounded by beer without doing something stupid? Does it affect the brewery's insurance rates or ability to maintain licensing? Something else entirely?

    Is there any hope of landing a job for somebody who screwed up, but can make a case that he's gotten his stuff together (I've kept a spotless record - and a hefty tab with the local mass transit agency - in the six-plus years since), or is this a hard-and-fast line I can't expect any potential employer to cross?

    Thanks, and, sorry if this is a repeat question - tried searching, just got page after page of job postings. :-\

  • #2
    For any job where driving might be involved either directly or indirectly in job responsibilities many employers will look as aggressively as they can to find people with clean driving records. The reason is very simple. If a driver with a history of DUIs is doing his job and drives drunk into another car and kills somebody then the employer can be sued for failing to perform an adequate background check in addition to the underlying negligence claim for the car wreck.

    For brewery jobs I can see why they would want to avoid employees with any DUIs or other serious driving records issues for any number of reasons. As you said, DUIs are a rough yardstick for maturity of being around that much beer. There's also issues with hiring employees who might be required to occasionally drive a company vehicle, make a delivery or sales call, or even drive the forklift inside the brewery. It's easier to hire employees who can do any of those jobs rather than have to remember who is allowed to do what. Keep in mind as well that you may be drinking on or off the clock at the brewery or brewery events and your drives home can put the employer at risk for liability. If you have already proven a risk for DUIs then it's easier for a brewery to avoid that risk by not hiring people with DUIs and related records. It's rough for potential employees but from the potential employer's perspective it's just not worth the risk.

    Your options may be limited but not necessarily eliminated. Many states limit how far back a background check can go for criminal records for most jobs when the background check is performed by a third party agency. Most employers use a third party agency (known as a credit reporting agency) so you may be able to wait out that time period in your state to improve your odds of landing a job. Your state may extend that limit to employers performing background checks directly although that is not a common rule and I am not familiar with any state with such a rule. The disposition of your DUI may allow an expunction or non-disclosure order under your state's criminal code. That might absolve you of this dilemma. Ultimately you may just have to keep applying until you find a brewery willing to take you on.
    DFW Employment Lawyer
    http://kielichlawfirm.com

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