However, arrests may still substantially impact a person’s ability to find and maintain work. According to state and local regulations, as well as a person’s location of employment, an employment lawyer’s ability to deal with a criminally accused worker varies greatly.
Over pending charges, an employer may be able to dismiss an employee. In other cases, though, this isn’t the case.
- Treating Arrests Following Applicable Laws
States have different laws addressing arrests and their possible effect on employment. In many states, contracts may be terminated at any time for any reason. As long as it is not unlawful, an employer may fire employees at any moment for any cause. It is illegal to terminate someone for reasons of race, gender, handicap, or age that constitutes discrimination. When employees are dismissed for making a negative complaint about the company or if their contract was breached, they may be fired illegally.
Some states have regulations restricting employers from using arrests that do not lead to conviction in making a hiring or firing decision. Even while California permits employers to inquire about arrests and the events surrounding them, the state does not allow businesses to fire workers based on such queries. Depending on the state, companies may not inquire about arrests at all.
The Employment Opportunity Commission may take issue with hiring or promoting someone based solely on their criminal history. When an employer refuses to hire a person with a criminal record because of their race or another protected feature but hires someone else with the same sort of arrest but a racial minority or protected characteristic, the agency could find discriminatory and unconstitutional unequal treatment.
- Arrests At The Place Of Employment
When a person gets arrested while at work, it adds an unusual twist to the scenario, they may be contained on the job, be held in prison while awaiting a bond hearing, and lose work due to court appearances. It may be hard for the worker to cover up or disguise the knowledge that changes are underway in some instances. Absences from work may be grounds for dismissal if they violate a company’s attendance policy. Employees who’ve already been recruited may have their backgrounds checked regularly, even if the arrest does not affect their employment.
- What Are The Reasons For Firing Someone?
The employer’s decision to dismiss the employee may be supported by the law. The employer may fire the employee due to pending charges if they are employed on an at-will basis. Character, reporting any arrests or consequences of a conviction may be included in the contract if the employee has a warranty. It may be a fair dismissal if an employee is fired because they did not disclose an arrest following an agreement or policy. Even if an employee is arrested, the company may not do anything until the person is convicted.
ISSUES TO CONSIDER
In some instances, an employee may opt to alert their employer with upcoming accusations such that the employer may learn about the situation from the employee directly. They should believe that this shows a more extraordinary personality. As they are concerned about losing their job, the employee may want to share their side of the tale. To avoid making the employer an accidental witness, employees should consult with legal counsel before disclosing details of an active lawsuit.
ASSISTANCE WITH A CASE
If you’re worried about losing your work due to an arrest, you should speak with an attorney. It’s possible to learn more about the rules of the game from an attorney. They may go through the many legal options open to the employee, such as whether or not to sue to keep their job and what to do, and if they’ve already been fired.