Your mind is swirling with concerns after your arrest, from how to tell your family to how the arrest may impact your future. For many people, the most pressing question is whether the arrest might cause them to lose their job. The answer is that frustrating catch-all: it depends.
Your Employment Terms
Indiana is an “at-will” employment state. If you are an at-will employee, your employer can fire you for any reason except one that’s prohibited by state or federal law. Because neither Indiana nor federal law prevents an employer from firing someone because they were arrested, your employer may indeed have the right to fire you.
On the other hand, if you have a contract with your employer that articulates specific circumstances under which you can be fired, you may have the right to keep your job. Your rights depend upon the wording of your contract, the nature of your job, and the nature of your arrest.
The Nature of Your Job and Arrest
If the nature of your job and the nature of your arrest are directly linked, you may face a higher risk of being fired since your arrest could negatively impact business. For example, let’s say you’re a driver for a transportation company and the police arrest you for Operating While Intoxicated (also known as DUI or DWI) during your off-hours. If a court suspends or revokes your driving privileges, your company might fire you since you are no longer able to perform your duties.
Just because you have been arrested, however, doesn’t mean that your employer will fire you. If you’ve been a reliable and trustworthy worker, your company may be willing to suspend your duties or put you on probation until the situation is definitively resolved. Remember that an arrest is not a conviction–a presumption of innocence is on your side.
If you fear losing your job after being arrested, call the qualified criminal defense lawyers of Razumich & Associates about how to best protect your rights. We are ready to fight for you. Call us today at (317) 983-5333.