Sacramento, CA asked in Criminal Law, Employment Discrimination, Employment Law and Landlord - Tenant for California

Q: Can I be fired if I'm arrested at work even if I'm innocent?

I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.

Good luck to you.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: OBVIOUSLY, MORE INFO IS NEEDED.

WHAT WAS THE ARREST FOR? PRIOR CONVICTIONS?

HOW LONG HAVE YOU WORKED THERE?

MOST EMPLOYMENT IS AT WILL AND YOU COULD RESIGN AT ANY TIME AND CAN BE LET GO AT ANY TIME?

I WOULD CONSULT WITH AN EMPLOYMENT LAWYER, NOT A CRIMINAL LAWYER FOR AN ACCURATE ANALYSIS.

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