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.