QUESTION
If one of our employees gets a DUI, do they have to notify us?
ANSWER
It depends.
EXPLANATION
There are at least four factors affecting whether the employee would have to come forward and tell you about the DUI?
- Your HR policies: What, if anything, do your current policies say about whether employees must notify you of their DUIs?
- Conviction or arrest? If the employee was arrested but not convicted, he/she may be able to prove innocence (or may have already done so if the charges were dropped or the employee was acquitted). A conviction, on the other hand, would more likely affect job performance and thus require disclosure.
- Impact on job performance: Notification is required if the DUI has an actual or potential impact on job performance, such as if:
- The employee needs to drive to do the job, e.g., a courier;
- The employee’s job is safety-sensitive;
- The employee can’t do the job with a revoked or suspended driver’s license;
- The job requires the highest standards of morality and conduct, e.g., the employee is your ethics officer or in a sensitive public relations position.
- On or off duty? Notification is almost sure to be required if the DUI happened while the employee was on duty.
