In a lot of professions, a probation officer is more of an advisor than a judge. They’re often not in a courtroom and are there to help rehabilitate those who have made mistakes. Many of the job duties of a probation officer are ones that are administrative.
They take people through the process of coming up with a plan, but they don’t make the final call. It means that a probation officer can’t legally contact your employer on your behalf.
However, you’re still not off the hook. You still need to get your probation officer’s permission to contact your employer. This blog will discuss can a probation officer call your employer?”
The probation officer’s job is to keep the peace. The probation officer is also well equipped with the ability to call your employer on your behalf and ask for some information about your situation.
They can also ask for payment from your employer if you are working with a court order to make payments. If the probation officer calls and asks for information about you, what information can they ask for? Let Us Discuss!
Can a Probation Officer Call Your Employer? (Explained)
Yes. Probation officers can call your employer to obtain the court’s required information. When a probation officer needs to call your employer, they must first notify the court.
The county sheriff’s office typically employs probation officers. Probation officers have a legal mandate to report individuals in their care who are violating the conditions of their release. It is their responsibility to report a violator’s violation of a condition of their release.
Typically, probation officers are the ones who are responsible for informing a judge about a person’s violation of the court’s order. It is known as a Pronouncement of Contempt.
Probation Officer’s Authority
The authority of the probation officer is derived from two sources.
First, what must be done by the defendant is specified in the probation order’s provisions (and not done).
Additionally, this order gives the supervising agency (probation) the power to take the necessary actions to monitor the defendant’s progress by law and order.
Next, probation and supervision are governed by the laws mentioned in the order and those that are currently in effect in the state. The defendant will probably be required to: under the probationary conditions:
- Never commit new offenses
- And avoid using illicit substances
- You must have a prescription to utilize any controlled substances.
- Obtain work or keep one’s current position
- Attend meetings, meet with the probation officer, and enroll in school.
- You must also give your approval for a search of your person, home, or car.
Depending on the crimes for which the offender has been found guilty and his prior criminal history, there might be others.
When the offender is given instructions, failing to comply with such instructions is a probation violation.
It is the supervisor’s responsibility to monitor the defendant to make sure he is abiding by the conditions of his probation.
The probation officer will also assist the offender by directing him to whatever assistance he may require to comply with the court’s directives.
To ensure compliance, the probation officer may also request that the offender take tests or undergo additional exams.
Employment Verification
The probation officer’s duties include supervising the offender and certifying to his superior, the district attorney, and the court that the offender complies.
Probation officers do not automatically accept the assertion that the defendant complies with a variety of reasons. These motives consist of:
- Defendants are dishonest
- If defendants are aware that the probation officer will check them, they are more likely to remain in compliance.
- The community will benefit most if the probation officer actively supervises defendants.
- Offenders under active monitoring have a higher success rate on probation.
It indicates that the probation officer will not believe the defendant’s claim that they are employed. The probation officer will require more details, including the company’s name, the nature of the defendant’s job, salaries, the title of the manager or owner, and the company’s location.
At the very least, the probation officer will contact the company to confirm employment. Many probation officers will go over and beyond by visiting the defendant’s place of employment and asking to tour the workplace.
But what if the employer of the defendant is unaware of the probation?
The probation officer cannot be prevented from carrying out his duties by the defendant.
Having said that, the probation officer and the offender can speak openly early on about the possible repercussions of telling the employer about the conviction and related probation.
In some circumstances, disclosing the conviction is required since it could result in job loss (education, nursing, law enforcement, finance).
In some cases, the revelation is not required to keep the job and would put the defendant in problems or put them in needless shame. The criminal might be successful in convincing the probation officer that confirming the employment differently is best for everyone involved.
When a Defendant Anticipates Problems
The defendant has a few options if he anticipates that his probation officer’s involvement with his employment would result in issues.
First, he can discuss the verification with the probation officer and attempt to work together to keep the employment.
Second, even though it can affect his job, he might be open with his employer to lessen the blow of the probation officer’s impending contact. And third, he can just sit back and hope for the best.
Fourth, he can discuss the conditions of probation with his counsel before the case is concluded to establish certain limitations.
Or, if the matter has already been resolved, see a lawyer to determine if it is still possible to change the probation terms to keep his work.
Other solutions could exist, and exploring them with the defendant’s lawyer or another legal expert in the neighborhood where the defendant is under supervision would be appropriate.
Frequently Asked Questions
Can you be fired from a job while on probation?
Yes. The defendant has rights as outlined in his contract. His employer can terminate him if he breaks the rules of his probation. Most employers are not required to inform the court or probation office when a defendant violates the rules of probation.
Is it illegal to work during probation?
No. It is not illegal to work during probation. Many people find it easier to work while they are on probation. If a defendant works while on probation, he cannot receive any money from his employer.
If the defendant does not have a steady income, he should not work while on probation. He should not accept any money from his employer and should not use company time to work on personal projects.
Final Thoughts
We hope you found our article on “Can a Probation Officer Call Your Employer?” helpful. It was written to understand better what the law says and what you can do if you are on probation.
If you are on probation, your probation officer may be able to contact your employer. If the probation officer has a good reason to contact the employer, they can let them know that you are on probation.
It will allow the employer to monitor your compliance. While your probation officer cannot make that decision, they will try to help you make the right decisions so you can avoid negative consequences. Thank you for reading. We hope to hear from you soon.
