In Ontario, you generally do not have a legal duty to tell your employer about pending criminal charges unless the allegations directly impact your ability to do your specific job safely. The Ontario Human Rights Code protects employees from discrimination based on a “record of offences,” though navigating this protection is complex when a final conviction has not yet happened.
Facing a police investigation or dealing with pending criminal charges is incredibly stressful. Many workers across Ontario, from Toronto to Ottawa, constantly worry about whether their boss will find out and fire them. It is very common to wonder if you are legally required to disclose these private matters to your workplace before a court even makes a decision.
Under the Ontario Human Rights Code (OHRC), employers are generally not allowed to discriminate against you based on a “record of offences.” However, this specific protection formally applies to pardoned federal offences and provincial offences (like traffic tickets). Because a pending charge is not yet a conviction, the rules can feel like a grey area. Navigating this situation requires a careful look at your employment contract and the nature of your job duties.
Step-by-Step Process for Handling Pending Charges in Ontario
Whether you work in a corporate office in Mississauga or a manufacturing plant in Hamilton, the way you handle a pending charge can deeply affect your career. It is important to act thoughtfully and avoid oversharing unnecessary information. Most employees follow these steps when figuring out what to do.
Step 1: Reviewing Your Employment Contract
The first thing to do is read your employment contract, union collective agreement, or company policy manual. Some specialized jobs require you to report any police contact. For example, if you work in finance, security, or with vulnerable populations (like children or the elderly), your contract may have a strict disclosure clause. If no such clause exists, your duty to report is much lower.
Step 2: Assessing the Connection to Your Job Duties
Employers generally only have a right to know about off-duty conduct if it creates a real risk to their business. You need to ask yourself if the charge has a direct connection (a “nexus”) to your daily tasks. For instance, if you are a delivery driver facing a pending charge for impaired driving, you likely need to disclose it because you cannot legally drive. However, if you are a software developer working from home, an off-duty altercation likely does not impact your ability to code.
Step 3: Consulting a Local Employment Lawyer
Before you send an email to Human Resources, it is highly recommended to speak with an Ontario employment lawyer. Criminal defence lawyers handle your court case, but an employment lawyer will protect your job. They can review your specific charges (whether it is a summary conviction or an indictable offence) and advise you if disclosure is mandatory under your specific employment terms.
Step 4: Managing Workplace Communications
If you determine that you must disclose the situation, do so professionally and briefly. Provide only the facts necessary to explain any required accommodations or time off for court dates. Avoid discussing the specific details of the police investigation with coworkers, as office gossip can damage your reputation long before a judge hears your case.
How Much Does it Cost in Ontario?
If your employer wrongfully dismisses you because of a pending charge, you may need to take legal action. Here are the typical costs associated with protecting your workplace rights:
- Human Rights Tribunal of Ontario (HRTO) Filing: $0 CAD. Filing an application with the Tribunal is completely free.
- Employment Lawyer Consultation: Many law firms offer a free initial consultation, but a detailed strategy session may cost between $200 and $400 CAD.
- Legal Representation Fees: Most Ontario employment lawyers work on a contingency basis for wrongful dismissal claims, meaning they take a percentage (usually 25% to 33%) of the settlement they win for you.
How Long Does the Process Take?
The timeline for resolving workplace issues related to pending charges depends on how your employer reacts. A standard criminal court process in Ontario can take anywhere from 8 to 18 months to conclude. If your employer fires you and you file an HRTO claim or a wrongful dismissal lawsuit in the Superior Court of Justice, you can expect the legal process to take roughly 1 to 2 years to reach a settlement or trial.
Frequently Asked Questions (FAQ)
Can I be fired just because my boss saw my name in the news?
An employer cannot usually fire you for cause simply because of negative news coverage regarding a pending charge. However, in Ontario, they can let you go “without cause” at any time, provided they pay you the proper severance package required by law.
Do I have to disclose a provincial traffic offence?
Generally, no. Provincial offences like speeding tickets do not need to be disclosed unless your job explicitly requires a clean driving record, such as operating a commercial company vehicle.
Does the union protect me if I am charged?
Yes, if you are part of a union in Ontario, your collective agreement provides strong protections. Your employer must prove they have “just cause” to discipline you for off-duty conduct, which is very difficult to do before a conviction.
What if I am found not guilty? Can I get my job back?
If you were fired and later found not guilty, getting your exact job back (reinstatement) is rare unless you are unionized. However, you could be entitled to a significant financial settlement for wrongful dismissal if they fired you prematurely.
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