Will I lose my job if I get arrested?
It makes sense to wonder, “Will I lose my job if I get arrested?” as arrests come with a variety of legal and personal consequences. The answer to that question is “it depends,” as the specific terms of your employment may or may not allow your employer to fire you legally. Protect yourself from unfair termination by connecting with a Lake Charles criminal defense attorney from The Johnson Firm after your arrest. Your attorney can review your situation and provide sound legal guidance.
What are Louisiana’s laws about losing your job after an arrest?
How can you lose your job for getting arrested? Louisiana’s labor laws make it an “at-will” state, which means employees can leave a job at any time and for any reason. This also allows employers to fire a worker for any reason or even no reason. However, there are exceptions to at-will firings. An employer cannot fire you “at will” if:
- Your contract is for a specific length of time
- You are a member of a union with a collective bargaining agreement
- You are protected under federal or state law
The protections under federal and state law are exceptions to the “employment-at-will” doctrine, as explained by the Louisiana Bar Association. There is no comprehensive list of these potential exceptions, but examples include filing a workers’ compensation claim, whistle-blowing, and participating in union activities.
When can you lose your job for being arrested?
If there is no contract language or union protecting you, you can lose your job after an arrest. The nature of your job, not just your employer’s response to the arrest itself, may prompt the firing. For example, if you have to drive for your job and are arrested off-the-job for driving under the influence (DUI), the court may suspend your driving privileges, preventing you from performing essential job duties.
How can a lawyer help?
Your lawyer will review the terms of your contract. It may contain specific language establishing grounds for termination. If you are part of a union, your attorney will review your collective bargaining agreement and advise you on the protections offered by your union.
You may need to follow a specific process for fighting for your employer. For example, you may have to file a grievance with your company through internal means or through your union. It is important to connect with an attorney quickly as there may be strict deadlines for filing. It may be in your best interests to file a complaint with state or federal entities, and your attorney can guide you through these processes as well.
Can you lose your job if you get arrested? Go to a lawyer for answers before assuming your employer has the right to let you go. There is no specific law protecting you from termination based on an arrest, but your employer’s decision still may not be legal. If your employer has acted unlawfully, your criminal defense attorney in Lake Charles will fight to hold them accountable.
Worried about your arrest? Let us help.
Arrests are high-stress situations, and fear of losing your job only compounds that stress. Yet, not every firing is legal. An arrest alone may not give your employer grounds to terminate your employment under Louisiana’s laws, and a skilled Lake Charles criminal defense attorney will review your situation and determine your options.
If you have lost your job for an arrest or other reason, call (337) 433-1414 to speak with a Lake Charles criminal defense attorney from The Johnson Firm immediately. Our experienced, tenacious team is ready to work to get you justice.
Related articles for further reading
- How do I find out if there’s a warrant for my arrest in Louisiana?
- What happens if I violate probation?