Do I Need to Tell My Job?
One of the concerns that we hear most often from our clients is whether or not they will need to tell their employer that they were arrested. Fortunately, the answer to this question is usually no, although in some specific cases, it could be required. For a more specific answer, as applied to the circumstances of your own case, please reach out to our legal team today.
Employee Policy
In Texas, there is no general rule requiring that a person tell his or her employer of an arrest. In fact, the only time this is necessary is if an employee entered into an employment contract wherein he or she agreed to comply with specific reporting requirements. This is common for certain types of employment, including jobs that involve a professional license. It’s also a good idea for employees to check their employee handbooks and codes of conduct, which can also specifically require that employees report any arrests.
Specific Industries
Certain industries are much more likely to require that employees report arrests, including:
- Healthcare;
- Childcare;
- Education;
- Law enforcement; and
- Commercial shipping.
For jobs that require these kinds of activities, disclosure of an arrest is usually required to an employer, either by law or policy.
Impact On Employment
An employee may need to inform his or her employer of an arrest if the resulting charges are related to the performance of his or her job responsibilities in some way. If, for instance, a commercial truck driver is arrested for driving under the influence, then he or she will need to disclose that arrest, as the crime in question relates directly to his or her ability to do the job. If, on the other hand, the charges aren’t related to the performance of the accused’s job duties, then disclosure may not be required.
Time Off for Court Dates
Most criminal cases require numerous court appearances and meetings with judges and attorneys. As a result, it is not uncommon for those who have been accused of committing a crime in Texas to have to miss work. A person who needs to take time off in order to attend these hearings and other court dates may need to get permission from his or her employer ahead of time. This in turn, will require disclosure of the arrest and criminal charges.
Reach Out to Our Texas Criminal Defense Lawyers for Advice
Texas is an at-will employment state, which means that employers can fire workers with or without cause. Knowledge of an arrest or criminal prosecution could, therefore, be enough to warrant a dismissal from a job. This is why it’s so important to know, beforehand, whether or not you are required to tell your employer about an arrest. If you are unsure about your own legal responsibilities, feel free to call our dedicated San Marcos and Hays County, Texas criminal defense attorneys for personalized advice. We know how stressful an arrest can be and are eager to put our experience to use in your own case. Call The Law Offices of David C. Hardaway at 512-805-6613 today to get started.
Source:
guides.sll.texas.gov/criminal-conviction-restrictions/employment