Can my boss fire me if ACS opens a case after my Manhattan DWI?
New York Labor Law § 201-d does not give blanket protection here, and New York is still an at-will employment state. Whether you get fired, lose hours, or get pushed out usually turns on three factors.
1. What your job requires. If your work involves driving, childcare, home health, security, teaching, or a professional license, an ACS case tied to a DWI can hit harder. A license suspension, ignition interlock, court dates in Manhattan Criminal Court, or a no-contact order can interfere with scheduling or job duties. If this is a repeat DWI and the charge is a felony, employers often treat it as a reliability or safety issue even before the criminal case ends.
2. What ACS and Family Court are alleging. ACS in Manhattan is more likely to act if there was a child in the car, a crash, injuries, intoxication at home, or a pattern of alcohol-related incidents. A DWI with a child passenger can trigger Leandra's Law issues, criminal court conditions, and a separate neglect case in New York County Family Court. If Family Court enters a temporary order of protection, supervised visitation, or parenting restrictions, that can affect your work schedule and how an employer views the situation.
3. How the information reaches your employer. An ACS case is not the same as a public conviction record, but employers may learn about it through background checks, missed work, court paperwork, probation requirements, or your own disclosure. If the DWI involved a city vehicle, MTA property, or a crash near a work route like the FDR Drive, job-related reporting rules may apply. If a city agency is involved in any related claim, remember the notice-of-claim deadline is 90 days.
A public defender can handle the criminal case, but Family Court and ACS issues move on a separate track and often drive the employment fallout more than the arraignment itself.
We provide information, not legal advice. DUI laws change and every arrest is different. An experienced DUI attorney can evaluate your specific situation at no cost.
Get DUI help today →