Do You Have To Tell Your Employer About A DUI?

Maybe you or someone you know was charged with Driving Under the Influence. Driving Under the Influence (DUI) is a criminal offense in all 50 states. But, just because it is criminal doesn’t necessarily mean that you have to tell your employer about your DUI.

Currently, there is no law that states employees need to disclose DUIs. Disclosing a DUI depends on your job, industry, company’s policies, and the nature of the incident.

Check Your Company’s Policies

Many companies have policies regarding the discloser of criminal activity, including a DUI. Some require you to immediately report the criminal charges. This is especially true if you’re in a role where your actions could affect the company’s reputation or safety.

If your employer has a policy that states you must disclose your DUI, but does not indicate consequences, you should know that it can result in immediate termination. This is especially true if you are an employee-at-will.

However, there are some employers that may put employees on probation or provide a warning that any more behavior will result in termination. If this is your employer, immediately disclosing the DUI can be best. Your employer may run periodic background checks and may eventually find out on their own. If this is the case, not only do you now have a criminal issue, but also an honesty issue.

If your employer does not have any policy on disclosing criminal activity, you need to decide what is best. If you believe there is a possibility that your employer can find out, disclosing the DUI upfront might be best. It can show honesty and remorse.

Jobs That May Require Disclosure

If your job involves driving, a DUI could have a direct impact on your employment. Commercial drivers, delivery workers, or anyone with a company car may have to tell their employer about a DUI as it could affect their ability to drive legally. Employers in these roles often take DUIs very seriously because they can’t risk having someone drive under the influence.

There are also certain industries that more often than not require disclosure of a DUI. Jobs in government usually have stricter rules about criminal charges, especially if you hold a security clearance. Also, jobs in healthcare, education, or childcare often require immediate discloser of criminal activity.

Again, if you are in one of these positions, your employer may run periodic background checks and will eventually discover the DUI. By disclosing the DUI, you have an opportunity to tell your story and show remorse. If the employer finds out on their own, they may not be as forgiving.

What If You Don’t Have to Drive for Work?

If your job doesn’t involve driving, like if you work in an office or remotely, a DUI might not affect your day-to-day duties. In these cases, some employers might not require disclosure unless they have a policy that says you need to report any criminal charges.

That said, even if you don’t need to drive for work, companies can perform routine background checks or have annual reviews where you might need to update your employer on any legal issues. If your company has this kind of process, it’s better to be upfront rather than let them find out through a background check later.

Your employer may still care about your criminal record and what that can do to their reputation. If you are an employee-at-will, you can be fired for any reason other than those protected by law (i.e. discrimination). If your employer finds out that you have a DUI, they can let you go.

What Happens If You Don’t Disclose?

If your employer has a rule that requires you to disclose criminal activity, and you choose not to, you could face consequences. Not telling your employer could create trust issues and damage your relationship. Depending on company policy, you could be warned, suspended, or even fired for not disclosing the information.

How to Talk to Your Employer About a DUI

If you do need to tell your employer, be honest and upfront.

• Keep it simple: You don’t need to go into all the details of what happened. Stick to the facts and explain the situation clearly.
• Show you’re taking responsibility: If you’re working on resolving the situation (like going to court or attending counseling), mention it to show that you’re handling the issue responsibly.
• Reassure them about your job performance: Let them know you’re still committed to your work and that you’re taking steps to make sure it doesn’t affect your job.

Conclusion

Whether you need to tell your employer about a DUI depends on your job and your employer’s policies. While there is no law that states you must disclose a DUI, your employer may require it. If your job involves driving or if you work in a field where criminal charges are taken seriously, it’s best to let your employer know. But if it doesn’t directly impact your work and there’s no rule saying you have to disclose it, you might not need to bring it up.

See Also:

• Can Your Employer Look At Your Text Messages?
• How A Strong Personal Brand Can Make You More Money

Disclaimer: This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.