Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I would like to know if my employer can fire me arrested

Customer Question
I would like to know...
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: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 1 year 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.
Answered in 10 minutes by:
7/7/2016
Employment Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,932
Experience: Years of experience in running a medium sized law firm.
Verified

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.

Ask Your Own Employment Law Question
Customer reply replied 1 year 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.
Employment Lawyer: Ely, Counselor at Law replied 1 year 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.

Ask Your Own Employment Law Question
Employment Lawyer: Ely, Counselor at Law replied 1 year 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!
Ask Your Own Employment Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102,932
102,932 Satisfied Customers
Experience: Years of experience in running a medium sized law firm.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I filed an EEO at USPS for age and sex discrimination.
i filed an EEO at USPS for age and sex discrimination. Should get a lawyer to mediate for me? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a state university discriminate against a female full
Second opinion] can a state university discriminate against a female full professor by paying her 20% less than their male full professors with similar experience and qualifications and/or in making c… read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers
My fiance was a victim of discrimination at work. It was
My fiance was a victim of discrimination at work. It was heard by multiple people and the the company has refused to reprimand the coworker responsible. Multiple statements were taken and HR has refus… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it harassment and discrimination when a woman verbally
Is it harassment and discrimination when a woman verbally attacks another woman and their supervisor says "She doesn't play well with other women."? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have been discriminated against for a job promotion
Hi I have been discriminated against for a job promotion because of my disability. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Can a state university discriminate against a female full
can a state university discriminate against a female full professor by paying her 20% less than their male full professors with similar experience and qualifications and/or in making class assignments… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
I am looking for a pro bono attorney for a discrimination
hi i am looking for a pro bono attorney for a discrimination case that i would like to file, do they exist … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding discrimination against a
I have a question regarding discrimination against a pregnant woman … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Discrimination against me, I'm constantly being investigated
Discrimination against me, I'm constantly being investigated by my hr dept for what they say are allegations from two stylist and an educator when I try to tell them what is going on the hr dept tells… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need to talk to a lawyer about race discrimination.
I need to talk to a lawyer about race discrimination. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
Need to discuss a discrimination issue. Looking for a
need to discuss a discrimination issue. Looking for a colorado lawyer that can protect my interest with a hospital in Pueblo Colorado … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers
In a right to work state can you be fired if a fictitious
In a right to work state can you be fired if a fictitious cause is given? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,704 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x