Will A DUI Charge Affect My Employment Status?

According to the Canadian Criminal Code, DUI (Driving Under Influence) also known as Operation while Impaired refers to operating any kind of vehicle under the influence of drugs, alcohol, or any other substance that impairs the ability of the driver to make sound judgement, or any substance that interferes with the alertness and consciousness whilst driving.

For an employee of a company, especially a transport company or an organization with strict ethical standards and guidelines, a DUI charge may negatively impact one’s chances of getting or remaining in employment.

This article discusses the effects of a DUI charge on employment, the extent to which disclosure of a DUI Conviction is legally necessary, as well as provides steps to mitigate the effect of the Conviction on the employee.

How Employers View DUI Charges

Employees of any company are a reflection of the values of that company or institution, therefore every action of a staff has a direct or indirect impact on the reputation of that company.

A DUI charge is considered a very serious offence in Canada and as such may raise some grave concerns in the minds of employers or potential hirers especially where the job in question is related to transportation or the offender is in possession of company vehicles, etc.

This is because in addition to the charge, strict restrictions such as licence suspension, vehicle impoundment, etc., may be imposed on the person and may negatively impact the productivity of the company.

Where the vehicle is company owned, the company may also incur certain unplanned for costs especially where the driver was engaged in an accident involving casualties as well as damage to other properties.

This is guided by the fact that Canada operates a tort law of vicarious liability which holds the employer liable for the negligent act of its employee as long as the employee at the time of the occurrence had the consent of the employer to be in possession of the vehicle.

Furthermore, for sensitive positions like healthcare where employees have to interact with vulnerable populations, as well as positions like law enforcement which require mental alertness and agility, a DUI record may go against the Code of Conduct for their employees as DUI is considered a Criminal Offence and any convictions for DUI will also be inputted on the Criminal Record of the offender.

This could adversely affect one’s chances of being employed after a conviction for DUI has been sustained, because a criminal record on an employee poses a question in the mind of his employer as to the strength his character as well as the impact such a record will have on the institution’s reputation, especially where the record indicates that it is not just a one-time offence.

Legal Disclosure Requirements

In Canada, various levels of background checks can be carried out depending on the organization, as well as the peculiarities of the information required. A standard criminal background check may show record of DUI convictions as longs as such records are available on the Canadian Police Information Centre (CPIC) Database. However, pending charges may not be visible on this check.

An enhanced criminal record check may avail an employer with details of pending charges as well as charges that resulted in convictions as this type of search is more in-depth than standard background check. If the role of employees at the organization requires interaction with vulnerable population like children, disabled or elderly people, such as in healthcare, a vulnerable sector check may be required.

This check will provide the employer with comprehensive information on pardoned offences as well as charges that did not result in conviction. However, the depth of details uncovered may vary depending on the scope of the organization as well as its guiding policies.

There are no legal requirements to disclose a DUI conviction to a potential employer during the hiring process, especially if the job does not require a criminal record check for the position to be secured. However, most employers may prefer that potential employees are upfront about disclosure as it gives the hirers the opportunity to make a decision regarding the quality of character as well as trustworthiness of the individual.

A person may however be obligated to disclose a DUI record to a current employer where there is a pre-existing contractual agreement necessitating disclosure of any Criminal Records. This is particularly relevant in professions such as healthcare and law where due to the ethical guidelines of the professions, practitioners are mandated to disclose any criminal records. A person may also be required to disclose a DUI conviction where in sensitive positions were alcohol and drug use may form part of a broader range of medical fitness examinations.

Impact On Current Employment

Considering the grave legal implications accorded a DUI charge in Canada, an employee may face strict penalties from his employer if s/he is convicted for DUI. Based on the ethical guidelines and policies of the employer, a DUI conviction may result in a warning, suspension or under certain circumstances in the termination of the employment.

In professions such as healthcare, education, law, accounting, etc., the regulatory bodies involved may subject the employee to disciplinary hearing, and may want to ascertain their fitness to practice, as well as the impact of the charge on the confidence of the patients or clients in their charge.

This may lead to suspension or termination of licences, as well as difficulty gaining new employment. If the employee is a member of a union, it may be possible for the union to influence the decision of the employer by ensuring that the employee is not treated unfairly due to his/her conviction records.

Legal Protections & Employee Rights

Though DUI offences may have adverse effects on the job performance and workplace safety, the Canadian Human Rights Commission’s Policy on Alcohol & Drug Testing posits that employers are obligated to ensure safety in the workplace in ways that do not discriminate against any employee.

Any organizational rules and standards requiring the suspension or dismissal of an employee must portray reasonable relationship between the employee’s offence and job safety and performance. This Law protects an employee from being denied an employment or of being terminated from employment solely on the grounds of disclosure of a DUI offence. The Policy emphasizes the need for employers to create strategies that identify and minimize potential safety risks by encouraging Employee Assistance Programs, Drug Education & Health Promotion Programs.

Further steps can also be taken towards employees at risk of substance use such as persons with DUI records by engaging them in peer/supervisor monitoring.

Steps to Mitigate Employment Impact

Given the far reaching effects of a DUI conviction on one’s employment status, it is necessary that the employee seeks immediate legal guidance as to his/her rights as well the limits to which he is legally required to disclose a conviction by law. Being experts in the legal system, a lawyer will be able to guide the employee on how to ease the effects of the DUI record on his employment.

In mitigating the impact of a DUI charge on employment, it is also necessary that the employee demonstrates personal responsibility and commitment to change by enrolling in rehabilitation programs as a proactive measure to deal with substance use problems. Most Rehabilitation programs deal are divided into educational, counselling and group therapy segments where participants are taught the dangers of alcohol and drug use and dependence, as well as addressing the perpetuating factors that encourage substance use and DUI behaviour.

In this regard, it is also considered best to discuss with the employer on the peculiar circumstances regarding the charge, as well as emphasize the personal positive efforts made towards growth in this regard by disclosing commitment to counselling and rehabilitation.

Conclusion

A DUI charge is considered a Criminal Offence in Canada and the consequences of any kind of Criminal Record on an employee can be very grave. Persons convicted for DUI will benefit greatly from expert Legal counsel in order to identify the limits to which they are obligated or not to disclose their conviction to their current or potential employers.

The laws in Canada do not permit anyone to be discriminated against or treated unfairly solely on the grounds of a criminal record, thus while it may be difficult to secure an employment in certain fields with a criminal conviction records, taking on personal responsibility towards Sobriety as well as good conduct and early disclosure were necessary may mitigate the consequences of the charge.