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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 99417
Experience:  Years of experience in running a medium sized law firm.
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I would like to know if my employer can fire me arrested

Customer Question

I would like to know if my employer can fire me for being arrested even though i was let go
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: can you help
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: new york
JA: Have you talked to a lawyer yet?
Customer: no because i just got out of jail
JA: Anything else you think the lawyer should know?
Customer: The charge was a felony property damage with order or protection based on hear say no proof that I was there no evidence to support her order or protection.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What were you arrested for?

2) By "let go," do you mean charges were dropped?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 3 months ago.
I was arrested for a felony - property damage and a protection order has also been issued. By let go i mean they let me go home I have a follow up court date in September.
Expert:  Ely replied 3 months ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

Unfortunately, this is legal. Allow me to explain why.

An employer generally has the right to terminate an employee FOR ANY REASON.

The only reasons one cannot be fired for are:

-PUBLIC POLICY (discrimination based on race, religion, creed, etc; or, a retaliatory termination due to a claim made by an employee); or
-CONTRACT POLICY (if one has a contract that disallows such a termination)
-COVENANT OF GOOD FAITH (firing an employee to avoid paying a benefit, for example)

Otherwise, an employer can terminate for any reason, without notice. It can be based on a mistaken rumor, an arrest without a later guilty plea, or, just the fact that they do not like your shoes one day. You will hear "right to work" a lot. However, that does not mean what people think it means. All this means is that at time of being employed, the employee has a choice whether or not to join a union as a condition of employment.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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