DOES BEING UNEMPLOYED VIOLATE YOUR PROBATION? (Unemployed on Probation)

One of the things most often thought about and a cause for worry and stress for many individuals on their probation period is the threat of violating probation if they become unemployed. Simply put, will I be violating probation terms and go to jail if I lose my job?

Now as ridiculous of a question as this may sound for normal folk, it’s a legitimate concern for someone navigating the murky waters of a supervised probation.

And given the shaky state of the world, and its’ natural tendency to be prejudiced towards someone overcoming a felony conviction, this all seems very much relevant.

So to just put things in perspective, on top of now being unemployed and losing your job, the topper to that scenario would be that you lose your freedom as well and go to jail (fun times).

Does Being Unemployed Violate Your Probation?

If you do not satisfy certain conditions of your supervision, then yes, one could find themselves in violation of the conditions of their probation, no matter how unfair that may seem.

That said, the answer to this scenario is technically no, but it is more likely not yet, as there is some rationale behind this.

You see, if you have proof that you are actively looking for work and conducting a job search (attend job fairs, keep call and job interview logs, work with job search agencies and recruiters), this SHOULD not violate your probation per se. “Should” is the key word.

One must also understand the urgency of the matter at hand and know that being out of work (no part time job or full time job) SHOULD be a temporary circumstance, and not allow it to evolve into something more long term, as there are grave consequences for any individual and their family, let alone someone with a felony conviction.

Of the prerequisites in most supervised probation programs is to be gainfully employed as there are generally work requirements – and now why would that be? – well, there are two very basic and fundamental rationale behind this:

1. You need a bona fide, legitimate (legal) source of income

For starters, there are certain money costs associated with any supervised probation program, along with fines and/or restitution incurred that one is responsible for.

Unless the person on supervision is independently wealthy, the typical individual and probation status will be under considerable pressure to offset the growing amount of money this amounts to.

You will need a consistent, legitimate (legal) source of income to offset these financial costs.

Not Legitimate

2. TO KEEP YOUR ASS OUT OF JAIL or PRISON

Like flies to shit, the law of attraction for trouble looms far greater for the person without work (convicted felon or not). The odds of that person getting into even more problems (and violating probation) drop considerably when you have good jobs to occupy your time, energy, and mind.

Without a job or full time employment, the mind wanders. Time is squandered, and your attention and focus are diverted.

Not only that, but you get depressed and despiritualized. You also tend to get into more precarious situations due to sheer boredom, as the mind needs extra stimulation to overcompensate since the individual with a criminal history tends to crave danger and excitement.

I, used to personally believe that a “job” held me back and was a distraction, not realizing till later that it enabled and motivated me. It keeps the mind clear and focused, even if it is a shitty minimum wage job.

With that, the individual has less time and energy to apply to distractions. Distractions that will take one farther away from achieving goals, and end up with you violating probation,or worse yet, in jail or prison.

With full time employment (or even job training), your confidence will go up, you will feel better about life and are receptive to more opportunities.

In the eyes of the law and justice system, you are being a productive member of society with that second chance, with less inclinations that you’re out committing crime (robbing, stealing, doing drugs, and so forth).

What is this you say, the justice system has no faith in you? You don’t need a chaperone (probation officer) making sure you have a job (minimum wage) and are being productive with your time and life. Oh well, so is life for now.

Moving on, let’s touch on the three most important reasons why someone may suddenly find themselves out of work and unemployed, and how it all affects the situation.

1. COMPANY LAYOFFS

There is really not too much one can do about this, as it’s generally out of your control. I, myself have been privy to company layoffs throughout my career (one of the greatest times of my life, but that is another story).

Maybe you qualify for unemployment benefits. Maybe you do not. Either way, you will still want to find employment soon enough, however, are in the clear of any repercussions.

2. YOU QUIT

Whether the position was not the right fit, you thought you deserved better, wasn’t given a fair chance, or even if the boss man was an asshole, it matters none. You still need to secure a job.

While this potentially may lead to ire on the side of a probation officer, there is not much that can be done. Go out get yourself a (different) job. Even if it is a condition of your supervision, quitting a job is still much more forgiving than what is behind door number three.

3. YOU’RE FIRED

Okay, you got the boot, and there is a myriad of reasons as to why it may have happened. Tardiness, poor performance, bossman was an asshole, you are not like-able, whatever.

Bear in mind, if you were dismissed or terminated under the murky cloud of suspicion regarding theft, then yes, that could very well jeopardize your freedom.

Furthermore, the common denominator with all of these scenarios is that one should always seek and secure employment (get a job) sooner rather than later. Looking at the bigger picture – to be unemployed does one no favors.

The mind must be free of distractions to focus on the direction it desires. Where are you going and what are you doing? How are you to going to pay your bills? How do you take care of your family? How do you pay for your probation fees and child support (if applicable)? How will you go about it all?

A person must not be naive in thinking that the potential of being unemployed can and will be used against you as a factor by your probation officer in the event you violate. The threat of violating probation, whether direct or indirect, is always very much real.

So, in conclusion at face value, no, being unemployed does not constitute a violation of probation per se*, but once again, being out of work does an individual no favors as they must have a plan or strategy to generate a (legal) source of income to support themselves and family.

*Assuming you did not get terminated for theft and are now being prosecuted for it. Then you most certainly would find yourself in violation and are facing incarceration (jail and/or prison)