Can my employer suspend me from work for a non-disqualifying traffic violation arrest?

UPDATED: Oct 1, 2022

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Can my employer suspend me from work for a non-disqualifying traffic violation arrest?

I work as a director of housekeeping in a healthcare facility for the last 5 years. I had gotten arrested for driving without a license, a misdemeanor. I immediately told my employer as I have nothing to hide. The next day my employer told me that I was being suspended without pay as AHCA contacted them as to my arrest and as a result they need to suspend me pending further investigation of the arrest. Currently I am still suspended. I conduct B/R screenings for prospective staff and I know the disqualifying statues of the Affidavit of Good moral character. A minor traffic offense is not questionable.

I feel as though my Integrity is now in question and I pride myself on loyalty and my reputation in this industry and how I live my life. What are my rights as I know mine is a “right to work state�?

Thank you,

Bobby Hobgood

Asked on August 3, 2018 under Employment Labor Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your employer has a right to suspend you pending further investigation as it has a right to make certain of all of the circumstances regarding the incident before having you back at work. The exceptions to this would be if your suspension violated the terms of an employment contract/union agreement or constitutes some form of legally actionable discrimination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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