Can You Lose Your Job Over a DUI in Alberta? Kolinsky Law Explains Your Rights

Understanding DUI and Employment Law in Alberta

Driving under the influence (DUI) is a serious offence in Alberta, carrying legal and professional consequences. While a DUI conviction can lead to license suspensions, fines, and even jail time, many people also worry about how it might affect their jobs.

In Alberta, employers generally have the right to terminate employees for various reasons, including misconduct outside of work. However, whether a DUI leads to job loss depends on multiple factors, including the nature of employment, workplace policies, and the specific circumstances of the case.

Can an Employer Fire You for a DUI?

Alberta follows an “at-will” employment approach in many cases, meaning employers can dismiss employees with proper notice or severance. If a DUI violates company policies or affects job performance, termination is more likely. Several factors determine whether an employer can legally fire an employee for a DUI:

Job Requirements – If driving is an essential part of the job, such as for truck drivers, delivery personnel, or company vehicle operators, a DUI-related license suspension can make continued employment impossible.
Reputational Damage – If the employer believes that the DUI harms the company’s reputation—especially in positions requiring public trust, such as teachers, executives, or government workers—dismissal might be justified.
Workplace Policies – Some employers have strict policies regarding employee conduct, including legal issues outside of work. If a contract or employee handbook explicitly states that a criminal charge could lead to termination, the employer may have grounds to enforce it.
Repeated Offences – A single DUI may not always result in job loss, but multiple offenses suggest a pattern of risky behavior, which could justify termination.

Unionised vs. Non-Unionised Employment

The impact of a DUI on job security also depends on whether an employee is part of a union. Unionised workers often have more protection, as employers must follow collective bargaining agreements when considering termination.

This means that firing an employee for a DUI may require just cause and proper disciplinary procedures. Non-unionised employees, however, may have fewer legal protections and could be dismissed with notice or severance.

Employer Obligations and Employee Rights

Employers can enforce workplace policies, but employees have legal protections. Firing someone due to a disability, including alcohol dependency, may be discriminatory, requiring accommodation under Alberta’s human rights laws.

However, if a DUI makes an employee unfit for their role, termination may be justified. Wrongful dismissal claims can arise if an employer fires without just cause or proper severance. Seeking legal advice is essential in such cases.

What to Do If You’re Facing Job Loss Due to a DUI

If you have been charged with or convicted of a DUI and are concerned about your employment, consider the following steps:

Review Your Employment Contract – Check for any clauses related to criminal charges or misconduct.
Seek Legal Advice – A lawyer can assess whether your employer has grounds for termination and explore potential legal remedies.
Communicate with Your Employer – If possible, be upfront about the situation and discuss potential accommodations or solutions.
Know Your Rights – Understanding employment and human rights laws can help you navigate any disciplinary action.

How We Can Help

Kolinsky Law has the Best DUI Lawyers in Edmonton who understand the implications of a DUI on both your personal and professional life. If you are facing job loss due to a DUI charge, we can assess your legal options and help protect your rights. Whether it involves negotiating with your employer, challenging a wrongful dismissal, or exploring defence strategies for your DUI charge, our team is here to guide you through the process.