DUI Ontario - Can you get fired from your job?



- One of the most common questions we get at our law firm is whether you can lose your job if you get charged with an Over 80, Impaired Driving or Refusal to Take a Breath Test in Ontario.

- And what impact will your DUI charge have on your employment and background checks?

- Here’s what you need to know.



1/ Can you be terminated because of a DUI charge?



- Employers have the right to fire employees when there is cause.

- A DUI charge is generally not cause for termination because it is merely an allegation and not proof of guilt. 

- Our legal system is based on the premise that you are presumed innocent until proven guilty.

- So employers may choose to suspend you or change your responsibilities while waiting for the outcome of your DUI case.



2/ How would your employer find out about your DUI charge?



- There are multiple ways your employer can find out about your DUI charge.

- Criminal charges are public information, and, with few exceptions, your court date is open to the public.

- DUI cases are often reported in the media.

- And of course, there is word of mouth and social media.

- There are some employers that have HR policies that require you to notify them about any pending criminal charges.

- And because of how fast news spreads today, some employees will inform their employer about their DUI charge to proactively manage the situation.



3/ Will your DUI charge appear on an employee background check?



- Yes, any pending criminal charge will show up on your background check and here’s why.

- A police background check will search multiple databases.

- And each of these databases will expose different information about your interactions with the police.

- One of the databases that will be searched will be the criminal records database managed by the RCMP.  

- If your DUI charge in Ontario is active, then your criminal record would not show your DUI charge because your DUI case is still active.

- But, your active DUI charge will show up when the Police search a different database for active criminal charges.



4/ What if your job involves driving?



- If you drive for a living, for example, if you are an Uber driver, truck driver, or you work for public transit, you may face significant consequences for your job because you get an immediate driving suspension when you get charged with a DUI.

- And there are no exceptions to this roadside driving suspension.

- You cannot drive even if it means you will lose your job.



https://youtu.be/TVpikIghRmo https://www.nextlaw.ca/2023/03/21/dui-ontario-can-you-get-fired-from-your-job/