What are my rights if I was arrested at work for something I am innocent of and lost my job before i even had a chance to defend myself in court?
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What are my rights if I was arrested at work for something I am innocent of and lost my job before i even had a chance to defend myself in court?
The arresting officer told my supervisor that I was guilty of stealing $16k and I was fired. I have not even gone to court yet. Can an arresting officer tell my supervisor info such as this? Damage is done but I would like to know if I have any recourse?
Asked on May 13, 2014 under Personal Injury, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You do not have any recourse against your employer, unless you had an employment contract, the terms of which your firing violated. Otherwise, without a contract, all employment is "employment at will" and an employer may fire you at any time, for any reason, even rumors (let alone a police officer's statement) of an arrest.
Being arrested is public record: there is no recourse for the officer divulging it, since anyone may state anything in the public record, unless specifically barred from doing so by a court order.
IF you can show that the arrest was completely baseless and was not merely mistaken but was motivated by malice (e.g. the officer had a grudge against you and faked the evidence), then you may be able to sue the government for false arrest, abuse of process, and the like. If you think this may be the case, consult with an attorney about the situation.
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