What if a client is incarcerated?

If your client is taken into custody, they might be at risk of losing their job. If this is the case, there are some issues you should raise with your client, including:

1. If your client is fired due to their incarceration, spending time in custody is not always sufficient cause for firing and if they are concerned that they were wrongfully dismissed because of this, they should get legal advice. 
   • 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.
2. If your client hasn’t been dismissed but is concerned that they might be fired for being absent, help them communicate with or contact their employer to discuss options to retain their employment (e.g., leave of absence, use of vacation days, etc.) if it is possible and you both feel comfortable doing so.
3. Your client might experience issues qualifying for Employment Insurance (EI) if they were fired due to incarceration.
   • 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 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.
     • If they are in custody, make sure that they flag these other 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.