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My husband and I had a dispute a few months back in which the cops where called and he spent a few hours in jail. He’s since retained a lawyer and had the charges reduced to a misdemeanor with case dismissal after 6 months and 6 months unsupervised probation. When his employer got word of situation, he was ordered to take a leave of absence until the case was closed or dismissed. Unfortunately, after the court proceedings he was terminated from his job. He’s a hard worker and was a manager at his company. He made exceptional numbers and trained many teams with how to reach their sales goals. With this case having nothing to do with his company, was he wrongfully terminated?
Asked on June 18, 2016 under Employment Labor Law, Louisiana
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unless this termination constitutes some form of legally actionable discrimination or violates the terms of a uinion agreement/employment contract it is perfectly permissable . While arguably unfair, it is legal. The factis that most employment relationships are "at will" which means that an employer can set the conditions of the workplace much as it sees fit. This inlcudes dismissing an employee due to a criminal conviction.