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  1. #1
    Join Date
    Jan 2008
    Posts
    3

    Unhappy Fired For Being Charged With A Crime

    My friend was fired (or maybe it was just expelled til a court finding..I can't remember) from his job for being arrested for a crime and it was not work related. His lawyer thinks he'll be found not guilty or get it dismissed all together. If he's found not guilty or the charges are dismissed can he sue his employer? If so what would the reasoning be. They basically already judged him that he was guilty and on his official paperwork they gave him upon leaving work they checked off things as though he did it. Only in one place did it say he was "charged with doing "

    I don't want to give too much info so here's an example not really what it was:
    say he was accused of shoplifting. They would have wrote was charged with shoplifting somewhere Then they would have checked that he didn't follow directions, and improper check out procedure (which had nothing to do with where he worked since it was not where the charges accured)

    Would that be something like hurting the person's character, wrongful dispinary action, undue stress, lost wages, or what ? Thank you, sorry it's in ohio. I forgot to mention that

  2. #2
    panther10758 Guest

    Default Re: Is This A Case

    There appears to be nothing illegal in your brief post

  3. #3
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Is This A Case

    So an employer can termenate or discipine a person for being arrested even if a person isn't found guilty?

  4. #4
    panther10758 Guest

    Default Re: Is This A Case

    Most states are "at will" meaning an employer can fire you for any or no reason at all. Unless specified by law like race, gender etc. This does not appear to meet that criteria so absent a cba or contract yes they can fire him. However since he was found not guilty why would they not take him back?

  5. #5
    Join Date
    Jan 2008
    Location
    New Jersey
    Posts
    8

    Default Re: Fired For Being Charged With A Crime

    In NJ, administrative code provides for the following, so it's possible your state has similar laws.

    NJAC 13:59-1.6(a)
    If criminal history record information may be used to disqualify a person from obtaining or holding any position, employment or license or performing any services, whether compensated or uncompensated, the requester or national requester or other person making such determination shall provide the subject of the request with adequate notice and opportunity to confirm or deny the accuracy of any information contained in the criminal history record. The subject of the request shall be afforded a reasonable period of time to correct or complete the record prior to a final determination or decision concerning the subject's eligibility for the position, employment or license. A person is presumed innocent of any pending charges or arrests for which there are no final dispositions indicated on the record.

    Further, it has been deemed by the Division on Civil Rights that arrest inquiries are considered discriminatory, while convictions are permissible depending on the circumstances (applying to work for a bank, retail, government, airline, etc).

    In other words, your friend does have the opportunity to challenge their decision but it doesn't necessarily mean he'll win.

  6. #6
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Fired For Being Charged With A Crime

    Your friend may also want to contact EEOC. EEOC has ruled that "the use of arrest records as an absolute bar to employment has a disparate impact on some protected groups."

  7. #7

    Default Re: Fired For Being Charged With A Crime

    Many employers have a rule that if you are arrested for a crime of morale turpitude (includes theft) you are placed on unpaid leave until the final disposition of the case is known. Generally, if the charges are dropped or the party is found not guilty, they are given back pay. Not in all cases though.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fired For Being Charged With A Crime

    Maybe for large employers with formal disciplinary processes, union jobs, and government work. Most private employers aren't that charitable.

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Fired For Being Charged With A Crime

    I tend to agree with Aaron & Panther + arrest records are not a protected category in Ohio. (in some states they are) -- unless the arrest record in this case is being used against the person JUST because they are in a protected class (race, religion)

  10. #10
    Join Date
    Jan 2008
    Location
    New Jersey
    Posts
    8

    Default Re: Fired For Being Charged With A Crime

    Quote Quoting Security Consultant
    View Post
    Many employers have a rule that if you are arrested for a crime of morale turpitude (includes theft) you are placed on unpaid leave until the final disposition of the case is known. Generally, if the charges are dropped or the party is found not guilty, they are given back pay. Not in all cases though.
    Wouldn't statutory laws, if present and applicable, override something like this, especially if employer policy doesn't strictly specify?

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