Can Your Employer Fire You for Being Arrested in New Jersey

Nov 1, 2020
Blog

When it comes to the legality of an employer terminating an employee based on an arrest in New Jersey, several factors come into play. If you find yourself in this situation, it is important to understand your rights and consult with professionals well-versed in employment law, such as The Skiendziul Law Firm.

Understanding New Jersey Law

In New Jersey, the law prohibits employers from terminating employees solely based on an arrest. This means that if you have been arrested, your employer cannot fire you simply because of the arrest itself. However, there are certain circumstances where an employer may be within their rights to terminate your employment.

Exceptions to the Rule

While an arrest alone is not a valid reason for termination, there are exceptions to this rule. If the arrest is related to job performance or poses a significant risk to the safety of others in the workplace, an employer may have grounds for termination. For example, if you work in a position that requires driving and you are arrested for a DUI, your employer may argue that your arrest directly affects your ability to perform your job safely.

Additionally, certain job roles, such as those in law enforcement or positions that require security clearances, may have specific guidelines regarding arrests and employment. It is crucial to review any employment contracts or company policies that outline the consequences of an arrest.

Seek Legal Counsel

Dealing with the potential consequences of an arrest can be overwhelming, especially when it comes to your employment. The Skiendziul Law Firm specializes in employment law and can provide the legal guidance and support you need during this challenging time. Our experienced attorneys will assess your situation, inform you of your rights, and work tirelessly to protect your interests.

Your Rights as an Employee

It is essential to know and understand your rights as an employee, especially if you are facing termination due to an arrest in New Jersey. The Skiendziul Law Firm will help you navigate through the legal complexities and ensure that your rights are protected throughout the entire process.

Proving Unlawful Termination

If you believe that your employer has unlawfully terminated you based solely on an arrest, our legal team at The Skiendziul Law Firm will gather evidence to support your claim. We will investigate whether any discrimination, violation of employment contracts, or other unlawful practices were involved and take appropriate legal action on your behalf.

The Skiendziul Law Firm - Your Trusted Legal Partner

At The Skiendziul Law Firm, we understand the challenges and uncertainties that can arise when dealing with employment issues related to arrests. Our dedicated team combines extensive knowledge in employment law with compassionate client advocacy to achieve the best possible outcomes for our clients.

Contact The Skiendziul Law Firm Today

If you are facing termination due to an arrest and have concerns about the legality of your employer's actions, it is crucial to seek legal advice. Contact The Skiendziul Law Firm today to schedule a consultation. Our expert employment attorneys stand ready to help you protect your rights and navigate the complexities of New Jersey employment law.