What is the law regarding employment and involuntary incarceration?

Question

A female was arrested and could not connect with any outside lines due to call blocking, therefore was not able to call her employer to explain her situation. A friend and co-worker did inform the manager on her behalf.

Immediately upon her release 72 hours later, she went to her employer & was informed that she had been terminated.

Is there anything she can do about this situation?

Answer 1

I am not a lawyer, but I am assuming that she could not.

Unless she has a contract, she is an employee at will. She can basically be let go for any reason or no reason at all. The employer does not have to give a reason to fire someone. Depending on the nature of the business, an employer may not want to have an employee who was arrested, even if she did nothing wrong.

If she has a contract, she would have to demonstrate that she was wrongfully terminated. She would have to demonstrate that her arrest was not a violation of any sort of clause, and it would be difficult for her to prove that the arrest was the reason for her dismissal.

My feeling is this. Many times, an employer can use a situation like this to get rid of someone they don't want. Face it, if she was a valued employee, don't you think the employer would want to work though this and keep her?

Answer 2

Probably not, but it depends on the socialist level of your state's legislature. It's private employment, and a private employer can terminate "at will," in most states.

Answer 3

If the employer fired you for 'cause' then you might have something. If they were smart and just simply terminated you without cause and you live in what's called a'at will 'state,then you are screwed. good luck!

Answer 4

She can get on her knees and beg. Her employer does NOT have to hold her job for her.