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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17252
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Can an employer terminate an employee for being arrested for

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Can an employer terminate an employee for being arrested for theft and a suspect in a homicide? (New York State)

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

In NY, an employer can terminate any employee for any reason, at anytime, except if it violates a written contract, or union agreement,

wallstreetfighter :

or is based upon the employees race, gender, age etc.

Customer:

The employee is openly homosexual, but has been with us 4 months. Can he claim sexual preference to be discriminatory?

wallstreetfighter :

it is possible, but it would be a hard argument, if you hired him knowing his sexual orientation,

wallstreetfighter :

also if he missed work due to the arrest, that by itself would be grounds for a termination,

wallstreetfighter :

NY is an at will State, so any termination is allowed, unless it violates his protected civil rights,

wallstreetfighter :

If you just discovered he was homosexual, and terminated him, that may be an issue

Customer:

Can the reason given to him be that his involvement in the case being investigated is damaging to the reputation of the company?

wallstreetfighter :

yes, but in NY no reason is needed, I would rather terminate him or suspend him until the criminal matter is resolved.

Customer:

thank you

wallstreetfighter :

The reason I am hesitant in giving a reason is that if the charges are cleared he can come back to you and ask for his job back,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback. Thank you

Customer:

That answers my questions. Thank you.

wallstreetfighter :

good luck

wallstreetfighter :

You can also offer him a severance,

wallstreetfighter :

where you give him one weeks pay if he signs a release of all future claims,

wallstreetfighter :

which in NY is given to avoid any future issues.

wallstreetfighter :


If you have any further questions please do not hesitate to ask.







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