Tuesday, October 14, 2014

Employer / Employee / Criminal Charges / Employment Application / Fired / Hired / Duty to Disclose / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   Does an employee have to divulge to his present employer that he has a pending criminal charge against him?  My buddy has an impaired driving charge against him, no criminal record, and the questionaire sent to him by his employer asks if he has any pending criminal charge, If he answers NO, can this give the right for his employer to terminate his employment in the future? He presently has no criminal record.

Licensed in FL
Michael Adam Haber


Contributor Level 20


Lawyers agree


Answered You buddy can do what ever he chooses, and no matter what here will be consequences for his choice. He can tell the truth and face the fire or he can lie and run the risk of being caught.

Your buddy should run this by an employment lawyer but I think that he will get the same advise that I just gave. Florida is an "at will" employment state. Unless you have an employment contract which delineates procedures then he can be fired at any time and for any reason, provided it is not an illegal reason (i.e. because of race, religion, etc), but if his boss doesn't want an at will employee who is facing a DUI to remain on his payroll then I'm (the criminal and not employment lawyer) betting that he can be fired on the spot without recourse.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

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