A charge of over 80 could have you worrying if it is going to cost you your job considering how strict the law is when it comes to drinking and driving in Canada. If your job requires a driving license, you may be concerned that your employer will terminate you once they find a legal reason to do so.
Worrying will eat up so much mental space and will not give you answers. If you want to know what can happen to your job after getting a DUI charge, then be sure to take notes while reading what is stated below.
Tell Your Employer About Your DUI
“If your work requires an active driving license, then your employers must be informed of your DUI charge as well as updates regarding your case” says Calvin Barry, a criminal lawyer based in Toronto. Know that you should not operate a vehicle if your license is suspended and that your employers are not allowed to force you to keep working while your license is in limbo.
In most cases, your license suspension is only temporary, and your employer can simply assign you to another role. If your license suspension is because of diagnosed alcoholism, then that is considered a disability and your employer is legally obliged to accommodate your circumstances provided that you are getting proper treatment.
You may be assigned to another department or another role while waiting for the reinstatement of your license. If your employer fires you despite having a valid disability diagnosis, then you will be entitled to compensation of wage losses as well as general damages to be awarded by an Ontario Human Rights Tribunal.
When Is It Possible to Get Fired for A DUI?
Firing or indefinitely suspending an employee after an over 80 charge can be considered as wrongful termination except in a small number of special cases. For example, if the employee was hired for a contractual job that specifically says getting fired is possible if the employee was charged with a DUI, then firing that employee is legal.
Another situation is when the employee who has a DUI charge was also found to be seriously negligent or has been engaging in dangerous behavior that can damage the employer’s reputation. Another example is when the nature of the employer clashes with the charge.
A situation wherein the employee who was charged with over 80 is employed in an organization that fights drunk driving could qualify as such. In this situation, the employer will be justified if they fire an employee who has an over 80 charge.
Still worried? Each employment situation is unique and how a DUI charge can affect each one will vary as well. If you’re charged with over 80, your specific circumstances will determine the outcome of your DUI case as well as how it will affect your employment.
If you want clear and direct answers specific to your situation, then it is better to ask an experienced DUI lawyer. With the help of a seasoned DUI lawyer, you can protect your job as well as protect your employer’s reputation.