• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

If someone is Arrested but Not on Trial or Found Innocent Can They Still Be Fired?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

HiFi

Member
This is probably an easy question for some of you and I don't know why I hadn't actually pondered it before. I'm just curious for my own knowledge.

While employed, if a person has been arrested but has not been tried in Court, can an employer legally fire them for no other reason? Does it make a difference if the person is in jail/prison, under House Arrest or out on Bail awaiting trial?

If the person is then found not guilty in Court if he was fired is he then legally entitled to his job back?
 


BOR

Senior Member
Absent a contract/law to the contrary, an employment relationship is deemed to be "at will".
 

cbg

I'm a Northern Girl
There are about as many answers to that as there are situations. Let's just say that it is not inherently illegal.

If they are in jail and/or on house arrest pending trial and they are not available for work, they absolutely can be fired and no, they are not necessarily entitled to their job back even if found not guilty. An employer could offer them their job back but would not be compelled to unless a legally binding and enforceable contract or CBA says otherwise.

If they are not restricted in their movements and are able to come to work, then it's too situation- and state-specific to call in this kind of forum.
 

HiFi

Member
Yes in the USA

Interesting concept if movements to work are restricted. I wonder if they can be fired for no other cause if arrested and awaiting trial, if they still could be fired if they were still free to go to work (out on bail/house arrest but can go to work).

I'm going by the supposed concept even though other people say its ignored, that one has to be fired for cause. Perhaps arrest is cause if not, any further clarification would be appreciated.

It basically sounds like that if you are arrested for something that you could go to prison for, you are totally Fllucked in regards to employment unless you are self employed.
 

Mass_Shyster

Senior Member
As has been pointed out by every other poster, if you are an employee at will, you can be fired for any reason, unless the reason is illegal (like discrimination based on race, sex, etc).

You can be fired because the boss doesn't like the color of your car. There's nothing illegal about it.

You can be fired because you've been arrested. There's nothing illegal about it.
You can be fired because your shirt is not tucked in. There's nothing illegal about it.
 

HiFi

Member
Dude You Are So Wrong and Naive

Dude do you live in a third world country or in the Bayou amongst people who interbreed. In the United States you can only be fired for cause. I assume you either were not born in the US or that your parents were not born in the US and you've suffered because of total lack of knowledge and intelligence. If you are fired in the US without cause it is illegal and you will win every time on court. An employer can not fire you just on a whim or because he doesn't like the color of your car, etc.

It is because of you that fortunate sons like George W. Bush are elected Preisdent and we are in Iraq. It scares me that people like you exist.
 
Last edited:

CourtClerk

Senior Member
Dude do you live in a third world country or in the Bayou amongst people who interbreed. In the United States you can only be fired for cause. I assume you either were not born in the US or that your parents were not born in the US and you've suffered because of total lack of knowledge and intelligence. If you are fired in the US without cause it is illegal and you will win every time on court. An employer can not fire you just on a whim or because he doesn't like the color of your car, etc. Dude you need to go to College!
The OP needs to go to college???? Pfftt....

Can you please provide the statutory authority for your statements... I'll wait.
 

cbg

I'm a Northern Girl
Dude do you live in a third world country or in the Bayou amongst people who interbreed. In the United States you can only be fired for cause. I assume you either were not born in the US or that your parents were not born in the US and you've suffered because of total lack of knowledge and intelligence. If you are fired in the US without cause it is illegal and you will win every time on court. An employer can not fire you just on a whim or because he doesn't like the color of your car, etc.

It is because of you that fortunate sons like George W. Bush are elected Preisdent and we are in Iraq. It scares me that people like you exist.
Every word of the above is incorrect. Employment at will is the default in 49 out of 50 states. Back up your statements with some proof, why don't you? Like maybe a statute that supports your totally off the wall statements?
 

cbg

I'm a Northern Girl
From the Vermont state website:

Vermont is considered an “at will” state. An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental or physical disability. Vermont law also prohibits discrimination based on sexual orientation, HIV status, place of birth, and age over 18. It is also unlawful to retaliate or discriminate against employees or applicants that have alleged employment discrimination.

From the Oregon state website:

The common law rule regarding the employer-employee relationship allows the termination of the relationship by either party, without notice and without cause.

Oregon courts have long followed this general rule of "at-will" employment. This means that generally, in the absence of a contract or statute to the contrary, Oregon employers may discharge an employee at any time and for any reason, or for no reason at all.


From the New York state website:

Q: Can an employee be fired without due cause?

A: Yes. New York State is an "employment-at-will," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign. An employer may fire an employee for "no reason" - or even for a reason that might seem arbitrary and unfair -- and the employee is equally free to quit at any time without being required to explain or defend that decision.


From the Colorado state website:

Employment-At-Will
Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation. Additionally, neither an employer nor an employee is required to give a reason for the separation from employment.


From the Illinois state website:

Can an employer terminate me without advance notice or without giving a reason or an unfair reason for the termination?

Yes. Illinois is an "employment at-will" state, meaning that an employer or employee may terminate the relationship at any time, without any reason or cause. The employer, however, cannot discriminate based on race, color, religion, sex, national origin, ancestry, citizenship status, age, marital status, physical or mental handicap, military service or unfavorable military discharge


Shall I go on?
 

Mass_Shyster

Senior Member
Dude do you live in a third world country or in the Bayou amongst people who interbreed. In the United States you can only be fired for cause. I assume you either were not born in the US or that your parents were not born in the US and you've suffered because of total lack of knowledge and intelligence. If you are fired in the US without cause it is illegal and you will win every time on court. An employer can not fire you just on a whim or because he doesn't like the color of your car, etc.

It is because of you that fortunate sons like George W. Bush are elected Preisdent and we are in Iraq. It scares me that people like you exist.
Wow! Just Wow!
 

BOR

Senior Member
Dude do you live in a third world country or in the Bayou amongst people who interbreed. In the United States you can only be fired for cause. I assume you either were not born in the US or that your parents were not born in the US and you've suffered because of total lack of knowledge and intelligence. If you are fired in the US without cause it is illegal and you will win every time on court. An employer can not fire you just on a whim or because he doesn't like the color of your car, etc.
About 4 or 5 states have statutory laws on at will employment, the others are common law.

I saw an Ohio case once where the employee had 28 years service and was fired. He sued for wrongful discharge on the basis that his tenure created an implied contract in law, the Court found this argument to be without merit.

In my state, Ohio, at one time the OSC refused to create a Public Policy exception, but later in time they did. The former court refused to do so saying it was in the sole power, or such, of the legislature.

At will in Ohio, if I remember correctly, dates back to 1890's decisional law.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top