Employment Law

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I recently got a simple assault pending charge. Do I need to…

I recently got a...

I recently got a simple assault pending charge. Do I need to tell my employer, if so, will I get fired? What is the ny law on this?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No union

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Answered in 3 minutes by:
4/12/2018
Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16,913
Experience: Licensed Experienced Attorney
Verified

Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

What is your job position?

Does your employer have a written policy in place that would require all employees to report any arrests?

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Customer reply replied 3 months ago
My position is analyst in an ny insurance company
Customer reply replied 3 months ago
I do not think thwre

Thank you for your follow up.

Unless the employer has a written policy that requires employees to report any arrests and/or criminal conviction to the employer, then the employee would not be obligated to report such arrest / conviction to the employer.

I wish you the best of luck!

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Customer reply replied 3 months ago
The issue is I am applying green card and need to disclose this to immigration attorney who works for my company. If I have to disclose, will that lead to firing me? Under NY employment law, what the regulation is?

Thank you for your follow up.

I cannot comment on your specific situation, but it would be a good idea to hire your own immigration attorney who can keep things confidential, since a private employer can fire an employee even if the employee only had been arrested for a minor crime and was not even convicted of the crime.

I wish you the best of luck!

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Customer reply replied 3 months ago
What are my rights during this if company decides not to continue the employment?

Thank you for your follow up.

I cannot comment on your specific situation, but generally a private employer can terminate an at will employee for any reason, other than illegal discrimination.

I wish you the best of luck!

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Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you

Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16,913
Experience: Licensed Experienced Attorney
Verified
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