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  1. #1
    poohsr68 is offline Junior Member
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    Can I get fired for being arrested

    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
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by poohsr68 View Post
    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?
  3. #3
    Beth3 is offline Senior Member
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    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.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  4. #4
    Zigner is offline Senior Member
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    OP can be fired for any reason, or no reason.
  5. #5
    poohsr68 is offline Junior Member
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    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
  6. #6
    Beth3 is offline Senior Member
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    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.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  7. #7
    cbg
    cbg is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    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.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by cbg View Post
    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...
  9. #9
    Hot Topic is offline Senior Member
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    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.
  10. #10
    Beth3 is offline Senior Member
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    True. He wouldn't be the first son or daughter who gave his/her parent a "sanitized" version of the events.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)

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