Client Guide – Do I have to tell my employer?
When people come to us for help with their DUI arrest, their heads are swimming with tons of important questions. And, not all of them are related to the criminal court process. Our clients have critical concerns ranging from specific inquiries about their driving privileges to bigger picture life matters. Reynolds Defense Firm understands that navigating the legal process is only part of dealing with a DUI arrest. That is why our representation goes beyond just practicing the law.
We provide our clients with resources to help guide them through the far-reaching effects of a DUI. Our goal? Providing true peace of mind – an invaluable asset for achieving success both in and outside of the courtroom.
One of the most common questions we hear from clients, is “Do I have to tell my employer about my DUI?” to help answer this question, we spent a few minutes speaking with Employment Attorney, Elizabeth Farrell, who was happy to share some of her expertise:
Do people have to tell their employer about their DUI arrest?
EF: It really depends on their job. It’s important to consult any employee handbook to confirm what an employer’s policies are for disclosing criminal charges. If you drive for a living, then absolutely you should notify your employer because a DUI arrest will affect your driving privileges. Failure to disclose your arrest, when disclosure is mandatory, could be grounds for termination.
Can my employer fire me because of a DUI arrest?
EF: Oregon is an “at-will” state. Therefore, most working relationships are “at-will” relationships. This means that an employer can take any adverse action for any reason and no reason, as long as rationale is legal (e.g. no discrimination). In some cases, people may have a work contract that does not consider the relationship to be “at-will.” Instead, an employee can only be terminated for “just cause,” as defined by the contract. If a DUI arrest is not “just cause” for terminating the working relationship, under the terms of the contract, and the employee is fired anyway, that may be a different story.
We can help
If you have been arrested for DUI, call Reynolds Defense Firm today, at 503-223-3422. We understand that being arrested for a DUI is traumatic, and we have the unique ability to help you and your family. We are available 24/7 and you can contact us by voice, text or by filling out the online form on our website.