Do I Have to Tell My Employer That I Am Out On Bail?

When people get arrested it creates all kinds of ripples in their life. Not only may they be facing charges that could disrupt their life and the lives of their loved ones for years, but even if the charges are not terribly serious there could still be fallout that causes damage to personal and professional relationships. One of those is the relationship between the arrested person and their employer. A lot of people wonder just what are their obligations when it comes to informing the company they work for that they were arrested and are now out on bail. Do they have to tell them at all? If they don’t tell them will the city or state notify their employer? Will the bondsman call their boss and tell them what happened? It’s all very confusing but below we’ll try and shed some light on this topic.

Do You Have to Tell Your Employer You’ve Been Arrested?

Often, the worrying starts while the person is still sitting in jail waiting for their loved one to arrange bail bonds for them. “What do I tell the boss?” “Will someone else tell the boss what happened?” “Will I get fired if I don’t tell the boss but he finds out I’m out from somebody else?” Let’s take a look at those and other related questions.

What Do I Tell The Boss?

Chance are that unless you have some type of reporting requirement laid out in your employment contract you don’t have to inform your employer that you’ve been arrested. Of course, if you’re denied bail they’ll find out anyway. But if you work with a bonding agent and are released quickly you don’t have to mention it. After all you are innocent until proven guilty, which is why you are able to obtain bail and go home.

That said, there are exceptions to every rule. A DUI arrest is a good example. If you were stopped on suspicion of driving under the influence and refused to take a breath test your license will be automatically suspended. If your job requires you to drive then you’ll obviously need to say something to your boss. What happens then will be up to your employer. You can appeal the suspension but the odds are against you prevailing. And even if you did it might be too late to save your job.

Will Someone Else Tell the Boss What Happened?

Because a person is presumed innocent until proven guilty it is not the job of the courts to inform an employer that someone has been arrested. However, if you hold some type of professional license that could be affected by your arrest or possible conviction it may be in your interest to inform your employer before the relevant licensing agency revokes your ability to practice your trade. Lastly, while officers of the court will not be picking up the phone to call your boss, someone who knows who you work for or does business with the company you work for may have witnessed the DUI stop or other incident. They may then take it upon themselves to call your employer. And that could create a very sticky situation at work if you don’t broach the subject yourself.

Will the Bondsman Inform Your Employer?

Although some people wonder whether the bail agent can be trusted to keep their secret your relationship with the bail bonding agent is completely confidential. When you enter into a bond agreement with an agent the existence of the agreement, as well as the exact details, are between you, the agent and the person who cosigned the bond for you (the “indemnitor”).

The Exception

That confidentiality remains in place for the duration of the relationship as long as you adhere to the terms of your release. Which brings up an important point. Some misguided folks think that because their bond agreement is confidential that they can violate that agreement and that violation will also be a confidential matter. Not so.

Should you decide to violate the terms of your release by not making your scheduled court appearance in Adams County, Broomfield County, Weld County or Denver the bail agreement is null and void and the bonding agent can do whatever is necessary (as long as it’s legal) to see to it that you are returned to custody either voluntarily or involuntarily.

For instance: you may be hard at work one day confident that you got away with avoiding your court date when suddenly the bail agent and/or a bounty hunter descend upon you and takes you into custody. Such an incident will most likely result in you losing your job regardless of what happens with your court case.

The Bottom Line

If you have been arrested on some minor offense and released on bail whether or not you inform your employer will be up to you. But they aren’t going to find out from the court or the bail bonding agent. In the event of a more serious matter that impacts your ability to do your job you will most likely have to disclose the situation to your employer and hope the two of you can work something out. But if you manage to keep your situation a private matter and then decide to skip out on your court date it’s likely to backfire on you and produce all kinds of negative consequences.