Is it wrongful termination to be fired while in jail.if they were notify n.trafic volation

My son was arrested for driving while
Suspended.was in holding for two weeks
then went to court and got out.the job
was notify and updated on a regular by
me.we work at the same job when he got
out they terminated him for no call no
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Asked on December 19, 2017 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is definitely NOT wrongful termination. Your son missed work (2 weeks); the law does not make employers retain employees who do not go to work regardless of the reason. It is not the employer's concern why he missed work, whether it is jail, health reasons, a family crises, or simply taking an unplanned vacation: all that matters to the employer is that you show up for and do your job. Remember: employment is employment at will; employees may be terminated at any time for any reason, which includes missing work due to imprisonment.


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