At times, good jobs can be hard to come by, especially if you have a criminal history. This fact alone makes people with personal legal issues reticent to discuss them with employers or prospective employers. Coming clean about a recent DUI or a past criminal charge could result in dismissal, lack of promotion, or general distrust. The good news is that you might not be legally obligated to do so. Read on to learn how and when to discuss a personal legal issue with your higher-ups.
Consider If Disclosure Is Both Essential and Advantageous
Disclosing personal legal issues is sometimes essential. For instance, you might be obligated to share the details of your case with an employer if:
- You have a professional license that is now at risk of suspension
- You work with children, elderly adults, or other vulnerable populations
- You signed onboarding documents and agreed to the disclosure
- Your court dates conflict with your work schedule
In each of these cases, disclosure can be both necessary and advantageous. After all the consequences of non-disclosure will likely prove far worse than the discomfort that disclosure causes.
Consult With an Attorney First
Every criminal case is unique. Factors specific to your occupation, the nature of your charges, and the most likely outcome for your case matter. The best way to get needs-specific advice is by consulting with a criminal defense attorney. An attorney can tell you how to approach an essential conversation in a way that protects your future employment and your legal and financial interests. After all, if your case goes to trial, maintaining gainful employment will bode well for your reputation.
Know Your Rights and Relevant Legal Protections
The United States Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination in the workplace based on factors like national origin, age, disability, and race. According to the EEOC, it is lawful for employers to consider criminal records when making hiring and firing decisions.
However, there is a distinct difference between being charged with a crime and being convicted of one. If you haven’t been convicted of a misdemeanor or felony, by law, you are innocent until proven guilty. Moreover, as per the EEOC, arrest records and criminal records are not one and the same, and employers cannot lawfully make hiring or firing decisions based on arrest records. Distinctions like these are among the many reasons why it’s best to seek legal counsel before taking action.
Bide Your Time and Make Smart, Well-Informed Decisions
Sitting on a major secret can be terribly unnerving. Depending upon the nature of your job, it may be possible to simply bide your time and wait to learn the outcome of your case. However, criminal charges are public record and there is a chance that your employer already knows the charges you’re facing. Sometimes, being straightforward and honest with employers is the right choice. If you do decide to share information about your legal issues under your attorney’s guidance, be completely honest, but share as few details as possible. If your employer decides to fire, demote, or otherwise penalize you for disclosing information about a recent arrest, you may have legal recourse.
