Can you get fired from a job because of a felony charge?

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Can you get fired from a job because of a felony charge?

There’s has been no conviction as of yet.

Asked on April 9, 2012 under Criminal Law, Kentucky

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

The short answer is usually yes. as long as the reason for termination is non-discriminatory (not based on race, gender, sexual orientation, etc.).  New York is an "at will" state, meaning if you have no employment contract you are employed at the will of the employer.  If by chance, you have an employment contract, then you must look at the specific terms of the contract to determine if you may be fired based on an arrest without conviction.

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Because most employee's are "at-will" employees, an employer can terminate an employee if that person has been charged with a felony although no conviction has occurred. Even contractual employees can be terminated if there is a "morale" clause in the contract that states that a person can be terminated if charged with a criminal offense or conducts themselves in way that casts them or the company in a negative light.


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