If you’ve been arrested for driving under the influence (DUI) in Pennsylvania, you are facing fines, jail time, and other penalties. But, are you also facing the loss of your job?

Unfortunately, for many people, the answer is “Yes.” In Pennsylvania, employers can fire their employees because of DUIs, and they will often do so for a variety of reasons. Here is an overview of what you need to know:

Pennsylvania is an “At Will” Employment State

Pennsylvania is what is known as an “at will” employment state. This means that, unless you have an employment contract, you are employed at the will of your employer. Since you are employed at the will of your employer, your employer can fire you at any time and for any reason—with only limited exceptions.

Many employers consider a DUI conviction to be reason for termination. Typically, employers will cite concerns such as:

  • Concerns about harm to their reputation and loss of public trust if they continue to employ someone who has a DUI conviction;
  • Concerns about an employee’s judgment if he or she has been convicted of driving under the influence; and/or,
  • Concerns about an employee’s ability to do his or her job effectively (particularly if the employee’s job duties include driving).

With that said, if your employer decides to fire you as a result of your DUI, it does not need to provide a specific reason for doing so. If your employer decides that it is not in the company’s or organization’s best interests to keep you on its payroll, it can simply inform you that your services are no longer needed.

However, while your employer can terminate your employment because of your DUI conviction, it cannot use your DUI as a justification for firing you on a discriminatory basis. This is referred to as a “pretext,” and it is prohibited under both Pennsylvania and federal law. As a result, if you get fired after getting a DUI and other employees have kept their jobs after getting DUIs, it might be worth talking to an employment lawyer about your legal rights.

Employers Can Find Out About Their Employees’ DUIs in Various Ways

If you are facing a DUI charge in Pennsylvania, your employer could find out about your DUI through various means. Regardless of how your employer learns about your DUI, it can fire you because of your DUI if it chooses to do so. Some of the ways that employers can learn about their employees’ DUIs include:

  • You May Be Required to Disclose Your DUI to Your Employer – Your employer may have a policy that requires you to report your DUI. If you are required to report your DUI and fail to do so, this could increase your risk of getting fired.
  • Your Employer May Conduct a Criminal Record Check – Along with conducting background checks on job applicants, some employers also conduct criminal record checks on their existing employees.
  • Your Employer May Read About Your DUI in the News – If your DUI arrest makes local headlines, your employer may read about your DUI in the news.
  • Your Employer May Read About Your DUI on Social Media – If you post about your DUI online (or if someone else posts about your DUI online), your employer may learn about your arrest on social media.  
  • Your Employer May Hear About Your DUI from Your Coworkers – If any of your coworkers are aware of your DUI, your employer could hear about your arrest from your coworkers as well.

Again, it does not matter how your employer finds out about your DUI. If you get a DUI, your employer finds out about it, and your employer decides that it is in the company’s or organization’s best interests to terminate your employment, you can be fired immediately in most cases.

Future Potential Employers Will Also Be Able to Find Out About Your DUI

Importantly, not only can your current employer find out about your DUI, but future potential employers will be able to find out about your DUI as well. Just as employers can fire employees who get DUIs, employers can also refuse to hire job applicants who have DUIs on their records. Prospective employers can ask about DUIs (and other convictions) during the application process, and they can conduct background checks before making hiring decisions.

DUI Convictions Can Also Have Other Serious Consequences in Pennsylvania

If you get convicted of driving under the influence in Pennsylvania, losing your job (and having trouble finding another job) could easily be the most significant financial consequences of your drunk driving arrest. However, DUI convictions can also have other serious consequences. For example, along with any employment-related consequences you may face, a DUI conviction could also lead to:

  • Jail or prison time
  • Driver’s license suspension
  • Fines, costs, and surcharges
  • Mandatory alcohol safety classes (at your expense)
  • Increased auto insurance premiums

If you are a licensed professional, your professional license could also be at risk. If you are a non-U.S. citizen, a DUI arrest could have immigration-related consequences as well. Students, divorced and separated parents, and other individuals can also face additional consequences as a result of their DUIs.

You Need to Fight Your DUI By All Means Available

With all of this in mind, if you are facing a DUI in Pennsylvania, you need to fight your case by all means available. This starts with putting an experienced Philadelphia DUI defense lawyer on your side. While there are several ways to approach DUI charges in Pennsylvania, you need to ensure that you are making informed and strategic decisions based on the specific circumstances of your case.   

Request a Free Consultation with Philadelphia DUI Defense Lawyer Brian Fishman

If you are facing a DUI charge in Pennsylvania, we encourage you to contact us promptly for more information. To discuss your case with experienced Philadelphia DUI defense lawyer Brian Fishman in confidence as soon as possible, call us at 267-758-2228 or request a free consultation online today.