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Q:   Does an employee have to divulge to his present employer that he has a pending criminal charge against him?  My buddy has an impaired driving charge against him, no criminal record, and the questionaire… Scroll down to read more!

Q:   Does an employee have to divulge to his present employer that he has a pending criminal charge against him?  My buddy has an impaired driving charge against him, no criminal record, and the questionaire sent to him by his employer asks if he has any pending criminal charge, If he answers NO, can this give the right for his employer to terminate his employment in the future? He presently has no criminal record.

A:  
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/does-an-employee-have-to-divulge-to-his-present-em-1444940.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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11 lawyers agreed with this answer

Jonathan Burton Blecher
Jonathan Burton Blecher
DUI / DWI Attorney – Miami, FL
William David Umansky
William David Umansky
DUI / DWI Attorney – Orlando, FL
Robert Francis Gruler Jr.
Robert Francis Gruler Jr.
DUI / DWI Attorney – Scottsdale, AZ
Jessica Michelle Rose
Jessica Michelle Rose
DUI / DWI Attorney – Fort Lauderdale, FL
Nick Jay Dorsten
Nick Jay Dorsten
DUI / DWI Attorney – Clearwater, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Derek Anthony Patrin
Derek Anthony Patrin
DUI / DWI Attorney – Minneapolis, MN
Daniel Nelson Deasy
Daniel Nelson Deasy
Criminal Defense Attorney – Centennial, CO
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
James C Forslund
James C Forslund
DUI / DWI Attorney – Englewood, CO
Lucas Style Lanasa
Lucas Style Lanasa
DUI / DWI Attorney – Tallahassee, FL

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Lawyers agree

1

Answered You buddy can do what ever he chooses, and no matter what here will be consequences for his choice. He can tell the truth and face the fire or he can lie and run the risk of being caught.

Your buddy should run this by an employment lawyer but I think that he will get the same advise that I just gave. Florida is an “at will” employment state. Unless you have an employment contract which delineates procedures then he can be fired at any time and for any reason, provided it is not an illegal reason (i.e. because of race, religion, etc), but if his boss doesn’t want an at will employee who is facing a DUI to remain on his payroll then I’m (the criminal and not employment lawyer) betting that he can be fired on the spot without recourse.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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