If you have been arrested, questioned, or charged with a criminal offence in British Columbia, it is normal to worry about your paycheck, your reputation at work, and whether you could lose your job. The impact on employment depends on your role, your workplace policies, and what your employer actually knows. Acting carefully early can protect both your criminal case and your employment.
Do you have to tell your employer about criminal charges?
In many jobs, there is no automatic, across-the-board legal duty to disclose criminal charges to an employer. That said, disclosure can be required in specific situations, including:
- Where your employment contract or workplace policy requires it
- Regulated or security-screened roles (for example, certain government positions may require notification of an arrest or charge under their security screening rules)
- Jobs working with children or vulnerable adults where criminal record screening is part of the role (and governed by BC legislation)
- Roles where the alleged offence is directly connected to the job, such as driving offences for a driver, or alleged workplace violence for a role involving public contact
Before you disclose anything, review your contract, collective agreement (if unionized), and any written policies. If you are unsure, get legal advice first. A well-intentioned disclosure can lead to workplace consequences and may later appear in a criminal file.
What happens if your employer finds out anyway?
Employers may learn about charges through scheduling issues, bail conditions, workplace rumours, media coverage, or because the workplace is connected to the allegation. Once an employer knows, they may launch a workplace investigation to determine whether there is a policy breach or a safety concern.
A workplace investigation is different from a criminal investigation. Your employer is usually focused on workplace risk, safety, and policy compliance, not the criminal standard of proof.
Suspensions and administrative leave
Many employees assume that if they are suspended during an investigation, they will not be paid. In reality, administrative leave is often paid, especially when it is temporary and used to allow an investigation to happen fairly. Unpaid suspensions can raise legal issues depending on the contract, the policy language, and whether the employer can justify the decision.
In some workplaces, a “suspension without pay” is treated as discipline, which generally requires a stronger justification than a short, neutral administrative leave. Public sector employers may also have their own disciplinary frameworks.
Protecting your employment while facing charges
If you are facing criminal charges and want to protect your job, consider these practical steps:
- Do not discuss the case at work. Casual conversations can become statements later.
- Be cautious with written communication. Emails, texts, and Slack messages can be saved and forwarded.
- Follow all release conditions. A breach can create new exposure and additional workplace fallout.
- If you disclose, keep it narrow and factual. Do not provide a detailed story or documents unless advised.
- Get legal advice before meeting with HR or management. Your criminal defence strategy and your employment strategy should not conflict.
Human rights considerations in BC
In BC, “criminal conviction” is a protected ground in employment under the Human Rights Code, with an important qualifier: the Code does not prohibit discrimination if the conviction is related to the employment or intended employment. Charges and allegations are not the same as a conviction, and the details matter.
When to call a criminal defence lawyer
Early advice can help you avoid common mistakes, protect your right to silence, and reduce the chance that workplace decisions create problems for your defence.
If you are facing criminal charges in British Columbia and worried about your job, Stern Shapray Criminal Lawyers can help you take control early and protect your future.
