Key Takeaways
- Disclosure isn’t always required, but certain roles or contract terms may legally obligate you to inform your employer about criminal charges.
- Termination is possible, but you may still be entitled to notice, severance, or legal remedies unless there is clear just cause.
- A charge is not a conviction. You are presumed innocent, and being dismissed based solely on a charge could lead to a wrongful dismissal claim.
- Human Rights protections are limited for those facing charges (not convictions), but discrimination disguised as discipline may still be unlawful.
- Legal advice is crucial. Consult both criminal and employment lawyers to protect your rights across both systems.
1. You may be required to tell your Employer
There is no general legal obligation to inform your employer unless:
- Your job involves a high level of trust or public safety (e.g., healthcare, education, finance),
- Your employment contract requires disclosure, or
- The charges or conditions directly impact your ability to perform the role.
If you are required to report to your employer, it is always best to contact a lawyer for legal advice.
If you are required to report to your employer, it is always best to contact a lawyer for legal advice.
2. If you are Terminated
Your employer may choose to terminate your employment due to reputational concerns or operational impact. However, unless there is a clear cause, you are likely entitled to notice or pay in lieu, and potentially additional severance under the Employment Standards Act.
3. A Charge Is Not a Conviction
Employers may treat a charge as if it is a conviction. In the eyes of the law, you are presumed innocent. Dismissing you solely based on a charge, without considering the circumstances, can expose the employer to a wrongful dismissal claim.
4. Discrimination Based on a Record of Offences Is Limited
Ontario’s Human Rights Code only protects employees who have a criminal conviction, and not a criminal charge. The status of being charged criminally is not a protected ground under the Human Rights Code. However, if your employer uses a charge as a pretext for discriminatory treatment (e.g., based on race or disability), that could be illegal.
5. Contact a Criminal and Employment Lawyer
Because employment and criminal issues often overlap, it is important to obtain advice from lawyers who understand both areas. A misstep in one can affect the other, whether it’s attending court dates or responding to employer demands.
At Greenwood Law, we help clients manage the legal fallout of criminal charges, both in the courtroom and the workplace. Whether you are facing criminal charges, potential termination, disciplinary action, or reputational harm, our team can guide you.
