Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?

2 Lawyer Answers
Roland Godfrey Ottley
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Answered
  • Immigration Law Lawyer
  • New York, NY

A: I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee immediately after being arrested, without waiting until the disposition of the criminal case. Consult with an employment law attorney in Massachusetts. Good luck! A

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from termination. The key factor is whether your arrest or the circumstances surrounding it are related to your job performance or workplace conduct.

If your arrest has no connection to your job, some employers may still consider it a risk factor, especially if the nature of the charges could impact their business or its reputation. This perspective varies greatly among employers and the type of job you hold.

It's important to understand that while a not guilty verdict means you were not convicted, employers may have their own policies regarding arrests and legal proceedings. They might conduct their own review of the situation to determine if it affects your employment.

If you believe that your termination was unjust, discriminatory, or violated specific employment agreements or policies, you may have grounds to challenge it. It's advisable to consult with an employment attorney to review the specifics of your case and provide guidance on the best course of action. Remember, each situation is unique, and legal advice should be tailored to the specific circumstances at hand.

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