Is It Possible To Get Fired For A DUI?

If you are facing charges for impaired driving or over 80, you may be wondering whether this could get you fired from your job. If your job requires a license, you may be especially concerned that your employer will terminate your employment. It is best to seek professional legal advice to find out if your employer has a legal basis for firing you. In the meantime, here are some facts to keep in mind.

Inform Your Employer About Your DUI

If you face a DUI charge, you must notify your employer immediately. Your job may require you to drive, and having a suspended license could put you at risk of losing your job. If your employer asks you to drive with a suspended license, let them know about the legal implications.

Suppose 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). In that case, your employer will be obliged to accommodate your loss of license as long as you seek proper treatment. Employment discrimination based on disability is against the law in Ontario. If you are fired because of your disability, you may be entitled to damages and wage losses compensation from an employer. A Human Rights Tribunal can help you file a claim. If your license suspension is temporary, your employer can find you another task or role until you get your license back.

When Can Your Employer Fire You Over a DUI?

An employer cannot legally fire an employee based on an impaired driving charge or an over 80 charge unless there are special circumstances. If an employee is wrongfully terminated, they may have recourse against their employer. However, if an employee is on a contractual job with stipulations for termination in the event of a DUI charge, then the employer can fire them legally.  

Some jobs require individuals to drive as part of their duties. This includes professions such as private investigators or delivery drivers. In some cases, having a DUI charge may jeopardize an individual’s ability to perform their job responsibilities. In other instances, an employer may be within their rights to terminate an employee with a DUI if the said employee’s behaviour is considered negligent or dangerous, which could negatively affect the employer’s reputation. It is important to keep in mind that each employment situation is unique and, therefore, should be treated as such when dealing with a DUI charge.

There are a variety of laws and protections that may apply to you if you are charged with a DUI. Consulting with an experienced DUI lawyer is the best way to get clear answers and ensure that you take the necessary steps to protect your employment and your reputation. 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.

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