What if a client is charged with a criminal offence?

General Rule: If your client is charged with a criminal offence while off-duty from work or on their personal time, there is no obligation for them to tell their employer. 

If your client chooses to tell their employer about the charge(s) or if their employer finds out another way, they could try to fire your client because of it. If this happens, you should tell your client to get legal advice immediately. While employers can, in some limited cases, use an employee’s criminal charge to fire them, generally charges for alleged off-duty misconduct, without more, are insufficient grounds to fire someone without notice or without pay.

How You Can Help:

1. If your client is charged with a criminal offence while off-duty from work, remind them that they are not under any obligation to tell their employer about the charges.
2. If your client is fired because of the criminal charges, help them get legal advice immediately. 
   • If your client is still in custody, give them the Law Society’s crisis line phone number (1-855-255-7256). They can get a free 30-minute phone call with a legal service provider for advice. They can also contact the Pro Bono Ontario hotline, the Workers’ Action Centre at 1-885-531-0778 or 416-531-0778 or the Worker’s Health and Safety Legal Clinic at 1-877-832-6090 for free legal advice. 
   • Make sure that your client flags their employment-related concerns to the legal service provider when they speak with them. Non-criminal issues are not always obvious when clients are in the middle of an immediate criminal legal crisis.
3. Your client might experience issues qualifying for Employment Insurance (EI) if they were fired due to criminal charge.
   • If your client isn’t sure if they would qualify for EI, they should still apply. They can also apply for support from Ontario Works. This can take less time than EI and can provide help sooner. Applications for Ontario Works can be made while in custody, starting 10 days before release. You can help them complete their application by writing down what they say and helping them organize their documents.
4. If your client has pressing bills/debts, they might be at risk of being unable to pay them without income from their job.
   • Ask your client if they will be unable to pay their rent. If so, they can be at risk of eviction. If they aren’t eligible for EI or Ontario Works, help them check 211 or Helpseeker to find local rent assistance or rent bank programs as soon as possible.
   • Ask your client if they will be unable to pay support payments. If so, refer them to additional information on how to change their spousal support or child support payments. 
   • Ask your client if they will be unable to pay other bills, fines or debts. If so, suggest they begin an application for Ontario Works. If they are in custody, you can help them start their application within 10 days of release.
   • If your client answered yes to any of the questions above, you should also recommend that they get legal advice to discuss these concerns and better avoid creating additional civil legal issues. Refer them to the local legal clinic or help them set up a free 30-minute call through the Law Society Referral Service or through the Pro Bono Ontario hotline.