Is it Possible to Get Fired for a DUI?

If you have been charged for impaired driving or over 80, you may be worrying whether this could get you fired from your job more so if your job requires that you have a license. You may be concerned that your employer will terminate your employment and want to know if they have a legal basis to do so. The best way to get the answers that you need is to get proper legal advice and take note of the facts below.

Inform Your Employer About Your DUI

If your job requires you to drive or have an active license, you must immediately let your employers know if you have a DUI Charge as well as any development that follows. You must not operate a vehicle with a suspended license and your employers should not force you either.

If your license suspension is temporary, your employer can find you another task or role until you get your license back. If your loss of license is related to a disability or a disease (note that the Ontario Court of Appeal has declared that alcoholism is a disability) then your employer will be obliged to accommodate your loss of license as long as you are seeking proper treatment. This can mean being absorbed into another role in the company while your previous position remains open for you until you regain your ability to drive. If you will be fired for this, this might fall under disability-based discrimination in employment for which you could be entitled to general damages and wage losses compensation to be awarded by an Ontario Human Rights Tribunal.

When Can Your Employer Fire You Over a DUI?

An employer has no right to indefinitely suspend an employee following an impaired driving charge or an over 80 except in special circumstances. If the employer would do so, the employee will be deemed wrongfully terminated.

An employee on a contractual job with stipulations for termination of the contract if an employee were to be charged with a DUI can be fired legally. Some jobs require you to drive like a private investigator or delivery service.  Another situation wherein proper termination may be applicable is when the employee who has a DUI also happens to be involved in seriously negligent and dangerous behavior that could besmirch the employer’s reputation in the community. In some cases, the nature of the employer will be considered as well. For instance, if a person charged with a DUI is employed in an organization against drunk driving, then a misconduct related to drunk driving is a just reason for termination.

Know that each employment situation is unique when it comes to having a DUI charge. The laws and protections that may apply to you may vary based on the specific circumstances surrounding your DUI charge. The best way to get clear answers is to consult with an experienced DUI lawyer who is well versed with the defence of such cases. With the right information, you can retain your employment as well as avoid unnecessary tarnish to your name and to your employer. Contact Calvin Barry today if you’re looking for a DUI lawyer in Toronto.

Why You Should Provide Full Disclosure to Your DUI Lawyer

The circumstances surrounding a DUI charge can be embarrassing and it could be tempting to try to hide some things from your lawyer. Perhaps you were out drinking with people whom you do not want to be publicly associated with, perhaps you were in a place you didn’t want anyone to know, or perhaps you drank because you were having problems that you do not want to share; but is hiding these things from your DUI lawyer a good idea?

Your DUI Lawyer is Your Ally

If you have been charged with a DUI, having a DUI lawyer to defend you in court is a smart move. Defending a DUI comes with a myriad of twists and turns that it is best to leave it to professionals to get the desired outcome. Know that your DUI lawyer cannot do their job properly unless you have a frank discussion regarding all that happened before, during, and after your arrest.

You Should Not Gate Keep What is Relevant or Not for Your Defence

The fact is that you do not know which details may be relevant or not for your defence strategy. You cannot tell which facts may be brought up in court or which things have no bearing on the case. In contrast, your lawyer knows which small details can help you and which ones to stay away from in court. It is best to share details with your legal counsel and let your lawyer decide which information could be helpful for your defence or not.

Things That You Share Are Confidential

You do not have to worry about your lawyer ratting you out because that is against their ethical principles. What you have to know is that your legal counsel needs to know confidential information so that a strong defence can be established on your behalf. You need to let your lawyer know of any possible weak spots so that the two of you can formulate a way to address it if it comes up in court.

Know That Nothing is Shocking to Lawyers

You may think that the things you have done could be shocking to an average person but a seasoned DUI lawyer like Toronto criminal lawyer Calvin Barry will not be fazed. Lawyers represent dozens up to hundreds of similar cases and whatever you may have done will have already been done by someone else or there is always someone who could have done worse than you. Know too that anything left out of discussion makes it difficult for your lawyer to defend if the prosecution brings it up.

Your DUI Lawyer is There to Protect Your Rights

Your DUI lawyer is your ally who is there to protect your rights. As an average person, you are not likely to be familiar with the laws concerning driving under the influence and how they can be used against you or to help defend you. You have nothing to lose and lots to gain by providing full disclosure to your DUI lawyer.

Your lawyer will not judge you for the information you share but the information you do not share will be a blind spot for your defence. You need to make sure that your lawyer has the information they need to properly defend your charge. Do you need a DUI lawyer in Toronto and nearby areas? Contact Calvin Barry today!

 

Calvin Discusses the Alex Minassian Case with Kelly Cutrara on AM640

Calvin was interviewed on March 3rd by Kelly Cutrara to discuss the Alex Minassian verdict. Listen below:

Ways A Criminal Conviction Can Seriously Affect Your Life

Having a criminal conviction in Ontario can affect you far beyond the time you spend serving jail time, paying for fines, and adjusting after the conviction. Some say that the adjustment period never really ends because the effects can carry through the rest of one’s life in multiple ways. If you’re wondering about the ways a criminal conviction can seriously affect your life, keep on reading.

Expect Limitations on Your Privileges

Depending on what you were convicted for, some privileges may be limited or taken away from you. For instance, you will temporarily lose your privilege to go wherever you want while serving jail time. If you’re convicted for a DUI, you will lose your driving license for a period of time. Some convictions may restrict your traveling privileges too including the local places you can go to. For example, a conviction for harming children in any way may mean that you won’t be allowed to live anywhere near schools, parks, playgrounds, and similar areas.

Breaking of Personal Relationships

A criminal conviction eats away at your personal relationships beginning with the trial. Some friends and family may cut contact because they do not want to be associated with you. Romantic interests and partners may want to move on while you are stuck in jail. If your criminal conviction has something to do with hurting a family member, people will take sides and you can end up alone.

Difficulty Finding A Job

A lot of job positions got morality clauses and cannot hire someone with a criminal conviction. Some positions can be restricted for someone convicted of a specific crime. A criminal conviction cannot be hidden because it will show up in background searches. Employers cannot be blamed if they choose someone with a clean record if the choice to hire is between two candidates who are equally qualified as well.

Missing Out on Promotions

Just like mentioned previously, some positions may have specific clauses. If you have a criminal conviction for theft, use or distribution of illegal substances, or violence that can make the company look bad or compromise your ability to perform in a position, then it won’t be given to you.

Future Relationship Problems

Humans are social creatures that seek approval and want to conform. Someone who is perceived to be different in a negative light is likely to be shunned or labeled as someone to stay from consciously or unconsciously. If you do get to establish new relationships, you are likely to be suspected of negative things if things go south. Trust will be difficult to achieve as well as maintain.

With the above said, you must never take an accusation lightly more so if it is for something that could lead to a criminal conviction. Immediately contact a criminal defence lawyer if you’ve been charged with anything related to theft, drugs, violence, and other serious offences. Find a local criminal lawyer where you are from because a local lawyer will know of location-specific laws and other concerns that should be considered to help you avoid a conviction. If you’ve been charged with a criminal offence in Toronto and nearby areas, be sure to contact Toronto criminal defence lawyer Calvin Barry.