Being charged with a DUI can raise many questions, and one of those questions is if you will lose your job. After you're charged for driving impaired, your license will be suspended, and many people require that in order to work. DUI law is a complicated field of law to navigate, and for that reason getting a DUI lawyer in Mississauga
is a recommended way to be better informed on what to expect.
Will I Lose My Job?
Getting a DUI can have a number of implications on your life, and losing your job might be one of those things that might pop into your mind after being charged. There is a chance that your employer might consider terminating your employment contract, but that doesn't point to the fact that there is a legal basis for them to do that.
After being charged with a DUI, you'll want to consult with a DUI lawyer in Mississauga as soon as you can. Doing so will help clear up any lingering questions and stressors that might be clouding your mind and judgment. A lawyer will also prevent you from making any unnecessary mistakes following the days and weeks after the DUI.
Tell Your Employer
After you've been pulled over for driving impaired, you'll want to let your employer know, especially if part of your job requires driving around. tell them that your license has been suspended and also any other ongoing issues related to your situation. If you were charged with a DUI and are still driving a company vehicle, it would be negligent to consider still operating the vehicle like nothing ever happened. Without a doubt, that would lead to termination very quickly.
Obligations From The Employer
If you're able to get your license by fighting the 90-day driver's license suspension, your employer should be fine with allowing you to return back to work. After telling your employer about your situation, they should make an effort to find work for you that doesn't involve you operating a vehicle. They could also assign your driving-related tasks to another employee instead of you doing it. If you've been with the company for many years, the company should do what it can to retain you as an employee.
An employer has an obligation to accommodate people with disabilities, and your inability to drive can be seen as one. Alcoholism is a disability that affects many people, and if you're seeking treatment, your employer should be able to accommodate you. The Ontario Court of Appeal has stated that alcoholism is a disability.
Your employer should do what they can to keep your position available for when you're able to get your license back after the suspension. If you took the case to the Ontario Human Rights Tribunal, there is a good chance that your job would be reinstated and your loss of wages would be granted for discrimination based on disability in the workplace.
Your employer doesn't have a right to suspend you as an employee after you've been charged with a DUI. If your employer does do that, then you've been wrongfully terminated.
This happened to someone back in 2002. A trucker was charged with impaired driving and their employer didn't permit them to come back to work after they got their license back following the 90-day driver's license suspension. The trucker tried fighting against the charges but was charged with over 80 and acquitted of the impaired driving charges.
Soon after that, the trucker was provided 9 months of wages in lieu of notice after being terminated from his job.
While driving impaired doesn't lead to "just cause" for termination of employment, Service Canada states that you've lost your job due to wilful misconduct, and that means you won't be entitled to employment insurance benefits.
The trucker in the above scenario was also not provided EI benefits even though they were wrongfully terminated.
Termination Of Employment
There are other cases where you might potentially lose your employment because of contractual provisions that are outlined in a collective agreement for those employees that are working in a unionized workplace. Certain employment agreements will state that these types of offences are reasonable grounds for dismissal.
Another thing that might justify dismissal from employment is if you were acting negligently and dangerously, leading to possible damages to the employer's reputation.
Sometimes the nature of your position for your employer can play a large role in your termination. If you're working for a company such as Mothers Against Drunk Driving, then you can connect the dots and see why the employer might have to let you go.
No matter what type of situation you find yourself in, you'll want to consult with an experienced DUI lawyer in Mississauga if you find yourself running into issues with your employer trying to terminate your employment contract prematurely. A lawyer will be able to guide and assist you every step of the way while informing you of your rights as an employee of that company.
Each employment situation is different, and getting a lawyer will help you better understand what the appropriate course of action to go with. If you've been released from your position and it doesn't seem fair in any way, you could potentially either gain access to your job back.
Getting an experienced DUI lawyer like Jonathan Lapid is highly recommended following a DUI case. No one wants to try navigating the law surrounding impaired driving alone. Lawyers specialize in impaired driving law even after going to law school for years, and that’s why trying to understand things by yourself is not recommended.
All too often, many people just sit back and accept their DUI charges even if there is sufficient evidence to prove that you shouldn’t have been charged. It’s your lawyer's job to craft that evidence into a defense that will have your charges being potentially reduced or dropped altogether.