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
Roland Godfrey Ottley pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.