Miscellaneous

Can a person be fired for an arrest?

Can a person be fired for an arrest?

If the employee has a contract, there may be contract provisions related to character, having to report any arrests or the impact of an arrest or conviction. Sometimes an employee may be validly discharged not because he or she was arrested but because he or she failed to report it in violation of a contract or policy.

Can a employer fire an employee for pending charges?

In some cases, the employer has the right to fire an employee over pending charges. However, this is not always the case. Laws regarding arrests and their potential impact on employment vary widely from one state to the next.

When is it illegal to fire an employee for no reason?

This means that the employer is empowered to terminate an employee at any time for any reason so long as it is not illegal. Illegal firing generally occurs when a person is fired in a discriminatory manner, such as being fired due to race, sex, disability or age.

What happens to your employment if you get arrested?

Laws regarding arrests and their potential impact on employment vary widely from one state to the next. In many states, employment is considered to be at will. This means that the employer is empowered to terminate an employee at any time for any reason so long as it is not illegal.

If the employee has a contract, there may be contract provisions related to character, having to report any arrests or the impact of an arrest or conviction. Sometimes an employee may be validly discharged not because he or she was arrested but because he or she failed to report it in violation of a contract or policy.

This means that the employer is empowered to terminate an employee at any time for any reason so long as it is not illegal. Illegal firing generally occurs when a person is fired in a discriminatory manner, such as being fired due to race, sex, disability or age.

What should an employer do if an employee is arrested?

If the employee is not incarcerated, meet with the employee and find out what occurred. Get copies of pertinent documents – arrest records – charges – formal indictments, etc. Speak to authorities where possible, either police or prosecutor. So What Should The Employer Do With The Information Obtained?

In some cases, the employer has the right to fire an employee over pending charges. However, this is not always the case. Laws regarding arrests and their potential impact on employment vary widely from one state to the next.