How a Criminal Charge Can Impact Your Job and Your Family’s Financial Stability

Being charged with a crime as a parent can cause you to worry about so many things beyond the courthouse. Immediately, there may be questions about work, income, childcare, transportation, professional licences, and how to explain this sudden interruption to your family.

Although a charge means you haven’t yet been convicted of the offence, during the time it takes for the case to resolve, many practical problems can arise for a parent dependent upon their income to provide for their family.

By learning about those potential consequences ahead of time, you will find it easier to plan for them.

Will Your Employer Know About a Criminal Charge?

It is impossible to give one answer that applies to all jobs. However, some employees may have contractual, workplace, regulatory, or professional obligations that require them to report various types of criminal charges. Others may not be required to inform their employer about such charges.

Depending on the allegations made against the individual, the nature of the allegations can impact the implications of a criminal charge. Charges related to driving offences (e.g., impaired driving) can have greater implications for an employee who works as a driver. Allegations relating to money may have greater implications for an employee in a role that involves financial management.

Also impacting the implications of a criminal charge are police record checks. Under Ontario law, a standard criminal record check will include convictions for crimes committed. A criminal record and judicial matters check will include outstanding charges related to crimes committed, arrest warrants issued, and/or various court orders. However, employers cannot obtain a police record check on an individual unless the individual provides written consent in accordance with the rules governing standard police record checks in Ontario.

Akash Dhillon is a criminal defence lawyer practising in Brampton with A. Dhillon Law. Mr. Dhillon practises in areas of law that include assault, fraud, theft, impaired driving, etc. He advises that even prior to receiving a conviction, a criminal charge can raise employment concerns (i.e., background checks, professional licences, security clearances). Mr. Dhillon further states that “one of the first questions individuals ask after being charged is whether they have to tell their employer” and further states that “the answer will depend on the type of work they perform, their employment contract and/or any professional obligations they have and/or what type of charge they face.” He further recommends that individuals contemplating disclosure to their employer seek out information regarding their obligation(s) before doing so.

Workplace Issues May Arise From Bail Conditions

In some instances, the charge alone creates an issue with respect to employment. Release conditions can limit a person's movements and contacts and/or prohibit them from performing certain actions. For example, a curfew can prevent an employee from working night or overnight shifts. If an employee is prohibited from contacting a certain individual due to bail conditions, this restriction may conflict with working together as colleagues. Clearly, restrictions related to driving present obvious challenges for employees who rely on vehicles to get to and from work.

These impacts can begin immediately for parents.

Loss of transportation because an individual cannot drive, loss of an opportunity to work because a person misses a scheduled shift, and increased transportation costs can quickly add up.

If the bail conditions are causing significant problems with employment, the accused person should consult with their criminal lawyer concerning possible alternatives to address these problems. Ignoring conditions simply because they are inconvenient may create an additional legal problem.

Loss of Income Creates Immediate Pressure Throughout the Entire Family Budget

When lost income results from the reduction of working hours due to a criminal charge, it can result in serious short-term financial pressures on household budgets. At first glance, lost working hours may appear manageable. When added to legal fees, transportation costs, childcare costs, housing costs, grocery costs, and other regular household expenditures, it can rapidly become unmanageable.

For households currently living at or near capacity financially, a temporary loss of income can put substantial pressure on that household budget.

Rather than waiting until lost income creates a full-blown crisis, parents may wish to review their household budget now rather than later. This may involve temporarily reducing non-essential household expenses, assessing how long the household’s emergency fund will cover essential expenses, and exploring ways to reduce childcare and transportation costs.

The intention here is not to consider the worst-case scenario with regard to the case’s impact on employment. Rather, it is to determine what would be needed within the family unit if the case causes employment disruptions lasting several weeks or months.

Criminal Convictions Result in Potential Long-Term Impacts on Employment

While a pending charge and a criminal conviction are two distinct concepts, a criminal conviction can produce long-term impacts on employment.

In Ontario, protection exists from employment discrimination resulting from an identified “record of offences,” albeit limited compared to many people’s assumptions. The Ontario Human Rights Commission explains that the protection applies in specific circumstances involving provincial offences and federal offences for which a pardon or record suspension has been obtained. Generally speaking, the protection does not apply to the mere laying of criminal charges.

Additionally, certain professions have licensing requirements, regulations, or disclosure requirements unique to their profession.

Ahmad Karzai is a Toronto-based criminal defence lawyer who founded Karzai Law. His practice includes impaired driving, assault, drug offences, firearm offences, fraud, theft, and other criminal matters. Among the potential consequences of a fraud offence that Karzai Law identifies are employment opportunities and professional licensing. Karzai states: “For an individual who supports a family, the consequences of a criminal case can extend far beyond the penalties imposed by the Court. A conviction may affect future employment opportunities, professional licensing, security clearances, or an individual’s continued employment in certain industries. Therefore, resolving the case is especially important.”

Stress Will Carry Over Into Your Home Life

Financial uncertainty can rapidly turn into family stress.

Parents may be concerned about meeting their financial obligations while preparing for trial, dealing with their lawyer, and continuing to work. Their children may take note of changes in daily routines or tension between their parents without fully understanding why they exist.

Maintaining as much routine as possible at home can help alleviate stress.

This could mean providing regular meals, school routines, activities, and family time while handling private issues related to the legal and financial aspects of your situation.

Recognizing that seeking assistance is practical should also help parents. Trusted relatives or close family members may be able to assist with transportation or childcare needs. Professionals specializing in finance may be able to help manage budgets. Mental health professionals may be able to assist when anxiety associated with financial uncertainty starts to affect sleeping habits, interpersonal relationships, or performance at work.

Prepare Now for Practical Implications

Regardless of whether an individual loses their job as a direct result of being charged with a crime, each case presents its own set of circumstances. Employment implications may relate directly to the offence alleged, the occupation performed, workplace policies, release conditions, and ultimately how the case resolves. As a parent, planning beyond the courtroom is usually the best way to proceed.

Planning ahead will allow parents to assess how their case may potentially disrupt work schedules, transportation, income, and family responsibilities, allowing them to develop strategies before problems escalate into crises. Seeking counsel from a criminal lawyer as soon as possible will also enable individuals to better comprehend their charge, fulfill release conditions, and make educated decisions that protect their livelihood and the financial stability of their family.