Can I be suspended without pay if I was arrested but not convicted?

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Can I be suspended without pay if I was arrested but not convicted?

About 2 weeks ago, I was arrested and face several felony charges. I was placed on suspension without pay right after. I was bonded out immediately, so my arrest did not affect my attendance at work. I have been straight forward and honest with my employer about my arrests. I have never been in trouble at work not have I missed any days. I am the Asst GM at a motel. am wanting to work and have been told by my criminal attorney that some if not all of my charges will be dismissed next month due to my co-defendants statements at the time of our arrests and the fact that I am not a convicted felon and 1 of my charges was felon with possession of a gun (and the gun was not in my possession nor is it mine). I really need my job and love my job. I want to work until the outcome and the GM of my location has repeatedly asked for them to allow me to come back. Can they fire me or place me on suspension when I have not been convicted of any crime, I am willing at anytime to take a drug screen and none of my charges have affected my work performance?

Asked on February 27, 2017 under Employment Labor Law, Kentucky

Answers:

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

Answered 4 years ago | Contributor

Unless you have an employment contract or union agreement that gives you protection under the circumstances, or this action constitutes some form of legally actionable discrimination (which it does not), then you can be suspended. In fact, as an "at will" employee you can be disciplined (up to an including termination) for any reason or no reason at all, with or without notice.


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