Being charged with a criminal offence off-duty, such as impaired driving, does not automatically give an Ontario employer the right to fire you for cause. To deny your severance pay, the company must legally prove that your off-duty behaviour directly harmed their business reputation or fundamentally prevents you from doing your job.
Mistakes happen outside of working hours, but a single lapse in judgment on a weekend should not automatically destroy your livelihood. 🚨 Many employees in Ontario panic when they face an off-duty police investigation, fearing that their employer will terminate them the moment the news breaks.
Employers frequently react impulsively to protect their corporate image, terminating the employee immediately without offering a severance package. However, under Canadian employment law, what you do in your private time is generally your own business, unless it directly interferes with the company’s legitimate operations.
Step-by-Step Process in Ontario
Whether you are facing a summary conviction or a more serious indictable offence, navigating the fallout at work requires immense discretion. 📈 Employees in Ottawa, Toronto, or London must take strategic steps to protect both their freedom and their financial entitlements.
Step 1: Keep Your Case Strictly Confidential
Do not discuss your criminal charges, arrests, or court dates with your coworkers or managers unless absolutely legally necessary. 🗒 If your job requires a clean criminal record or a valid driver’s licence (and you lost yours due to a DUI), you may have a contractual duty to report it. Otherwise, maintaining your privacy is crucial.
Step 2: Assess the “Nexus” to Your Employment
For an employer to legally fire you for just cause based on off-duty conduct, they must prove a clear link (a “nexus”) between the criminal charge and your specific job. For example, an accountant charged with off-duty financial fraud poses a direct risk to a bank. However, a warehouse worker charged with a minor off-duty altercation generally does not harm the employer’s business.
Step 3: Fight for Your Severance at the Superior Court
If your employer fires you and claims your off-duty behaviour justifies a termination for cause, immediately contact an employment law firm. Your lawyer will file a claim at the Superior Court of Justice arguing that the punishment was disproportionate, making you legally entitled to your full common law severance pay.
How Much Does it Cost in Ontario?
Fighting a wrongful dismissal while simultaneously handling criminal charges can be financially draining.
| Legal Service | Estimated Cost (CAD) |
|---|---|
| Criminal Defence Lawyer | Retainers for defending off-duty charges (like DUI) typically range from $3,000 to $10,000+ CAD. |
| Superior Court Filing Fee | Filing a wrongful dismissal claim against your employer costs roughly $339 CAD. |
| Employment Lawyer Fees | Most employment lawyers operate on a contingency basis, taking 25% to 35% of your finalized severance settlement. |
How Long Does the Process Take?
Resolving employment issues related to criminal charges can be highly unpredictable. 🕐 Sometimes, an employment lawyer can negotiate a quiet, confidential severance package in 2 to 4 months so you can move on. However, if the employer decides to wait for the outcome of your criminal trial before settling the civil matter, the entire legal process can easily drag on for 1.5 to 3 years.
Frequently Asked Questions (FAQ)
Can they fire me just because it was in the local news?
Not necessarily. While reputational harm is a factor, the employer must prove that the negative publicity actually caused objective, measurable damage to their specific business. A brief mention in a local paper is rarely enough to justify a termination without severance for an average employee.
What if my job requires driving and I get a DUI?
If driving is a fundamental, essential duty of your job (like a delivery driver or a trucker) and your licence is suspended, the employer may argue that the employment contract is “frustrated.” In this specific scenario, they may be able to let you go without paying common law severance.
Can I be put on unpaid administrative leave?
Employers sometimes try to place employees on unpaid leave pending the outcome of a criminal trial. In Ontario, forcing an employee onto an indefinite unpaid leave can legally be considered a “constructive dismissal,” giving you the right to resign and sue for your full severance package.
Does being found ‘not guilty’ mean I get my job back?
Generally, no. Ontario employers are not forced to reinstate you once you are acquitted. However, if they fired you for cause based solely on the unproven charges, a ‘not guilty’ verdict severely weakens their defence, heavily increasing your chances of winning maximum severance pay.
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