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Can I get fired for being arrested

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poohsr68

Junior Member
What is the name of your state (only U.S. law)? New Jersey

Can my employer fire me if I was arrested over the weekend
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New Jersey

Can my employer fire me if I was arrested over the weekend
Barring a valid employment contract to the contrary, yes.
Are you a member of a union?
 

Beth3

Senior Member
Maybe. Depends what you were arrested for and what type of work you do. If you were arrested for attempted robbery and you work in a bank, chances are you will need to look for another job.
 

poohsr68

Junior Member
Can I get fired

It's actually my son, he works for the school district, he is a Sub Contractor. Was arrested for aggrivated assult, however the police are dropping the charges, wrong one charged, I know that you are thinking yeah that's what they all say, wrong person, but he was, anyway, the other kid that was with him is the one who did wrong.....just don't understand how you can get fired if you have not even went to court
 

Beth3

Senior Member
If no charges were filed, your son was released, and he didn't miss any work time, it seems unlikely that he would be fired. Unless your son is in a small town, it seems unlikely his employer would even know about it unless your son is telling people what happened.
 

cbg

I'm a Northern Girl
OP can be fired for any reason, or no reason.
Ziggie - the EEOC has declared that making decisions on the basis of an arrest record can cause an adverse impact on certain protected groups; also, some states have laws prohibiting the use of an arrest (or even conviction) record against them unless the arrest (or conviction) was substantially related to the job. So this ground should be tread carefully.
 

Zigner

Senior Member, Non-Attorney
Ziggie - the EEOC has declared that making decisions on the basis of an arrest record can cause an adverse impact on certain protected groups; also, some states have laws prohibiting the use of an arrest (or even conviction) record against them unless the arrest (or conviction) was substantially related to the job. So this ground should be tread carefully.
Fair enough...
 

Hot Topic

Senior Member
Considering that the OP initially claimed that she was the one arrested when it was actually her son, I'm not sure that the circumstances were as described.
 

Beth3

Senior Member
True. He wouldn't be the first son or daughter who gave his/her parent a "sanitized" version of the events. ;)
 

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