Review the Employee Handbook, Contract, or Company Policy for Insight
If you are a contract employee, your official employment agreement will outline whether you need to disclose any legal trouble to your employer. Although unlikely, some contracts require employees to disclose a conviction, not necessarily an arrest, but it is worth looking into, so you are not fired if or when your employer finds out on their own. Other companies have handbooks or policies that outline what must be disclosed to the employer. Depending on your relationship with your employer, honesty may be the best policy. Explain that you were arrested, have hired an attorney to fight the charges, and will be taking some time off to deal with court appearances. DUI arrests are common, and your employer may be sympathetic.Use Vacation or Paid Time Off to Face Your Legal Trouble
If you have paid time off (PTO), vacation time, or even personal days or sick leave saved up at work, you can plan around your court appearances and other legal obligations and take that time away from work without explanation. If you are employed part-time, or work in a certain shift, you may be able to switch shifts or days with another employee, so you do not miss work at all. Talking to an attorney first, so you know what to expect from your charges will allow you to make a plan that meets both your employment and legal obligations.Contact Our Criminal Defense Attorney in Maryland and Washington D.C. Today
Contact our experienced criminal defense attorney in Washington D.C. and Maryland at Lotze Mosley PLLC to determine the best course of action for your unique case by calling (202) 393-0535 today.DUI Defense Resources:
Frequently Asked Questions For Tell My Employer I Was Arrested for DUI
While there is no federal law requiring you to inform your employer about a DUI arrest, you may be legally obligated to disclose this information if your job involves driving or operating machinery. Check your employment contract for any disclosure requirements.
If you are arrested outside of Washington, D.C., you may still need to inform your employer, especially if you are required to drive as part of your job. The rules vary by state and the nature of your employment.
If your job requires a security clearance or a professional license (e.g., healthcare, law, or finance), a DUI arrest may result in losing or suspending that clearance or license. Contact a criminal defense attorney for guidance on how to manage this risk.
It’s wise to consult a criminal defense attorney before disclosing a DUI arrest to your employer. An attorney can advise you on approaching the conversation to minimize any potential impact on your career.
A DUI arrest may appear on a background check, especially if you were convicted. Arrest records can remain public unless expunged, and employers often review criminal histories during the hiring process. If you are concerned about this, discuss your options for expungement or sealing your records with an attorney.
If your DUI arrest was an isolated incident and does not reflect your usual behavior, it may be worth explaining this to your employer. However, it’s essential to consult a lawyer before disclosing this information. Your attorney can help you assess the best approach to present your case and prevent further damage to your reputation or career.
If your employer knows about your DUI arrest, it is essential to remain professional and discuss the situation openly. Offer to explain any steps you’re taking to address the problem, such as attending counseling or completing court-ordered programs, to demonstrate your commitment to resolving the matter responsibly.
Even if the DUI arrest did not happen while you were working or driving for your job, an employer may still take disciplinary action. This could be due to concerns about your judgment, reliability, or the impact of the arrest on the company’s reputation.
