Will My Arrest Affect My Employment?

Your arrest can affect your employment and reputation.

Your arrest can affect your employment. You may lose rights under your employment contract. Similarly, you may damage your professional reputation.

The Maura Greene Law Group can help you protect your employment rights if you are arrested.

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How Will My Arrest Impact My Employment?

Employment contracts often provide that an employer can terminate your employment for “cause.” Often, an arrest, conviction or plea to certain types of crimes may qualify as “cause” under your employment contract.

Your employer may terminate your employment for “cause” due to your arrest depending on your employment contract. As a result, you may lose severance pay, insurance, bonuses, commissions, equity, and other benefits.

If you have an employment agreement or stock plan, it is important to understand your rights if you are arrested or facing criminal charges.

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Do I Have To Notify My Employer About My Arrest?

You may need to notify your employer of your arrest. This may be based on your employment contract, the facts giving rise to your arrest, your profession, and other factors.

Some professions are subject to oversight by state and federal agencies. These entities may have rules or policies that require you to disclose your arrest. For example, FINRA oversees many financial and investment advisors. A financial advisor or investment advisor under the oversight of FINRA may have a time-sensitive obligation to disclose their arrest in a Form U4 to FINRA.

We can help you understand your obligations to disclose your arrest to your employer and any state or federal agency.

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How Do I Protect My Professional Reputation Following My Arrest?

An arrest or criminal charge may damage your professional reputation. That’s why it is important to act quickly to protect your image and reputation. This often includes strategic thinking, formulating your professional narrative, understanding your contractual and professional rights and obligations, and positioning yourself to move forward.

It is important to act quickly and strategically to protect your professional reputation.

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Bottom Line:

We can help you protect your employment rights if you are arrested. Contact us today.

Contact us at 617-936-1580 or email us at [email protected] 

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Not So Fine Print:

We see patterns in our practice, like the ones described above. However, every case has its own unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation.

We can’t provide legal advice here and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis. Employees who have received a verbal or written warning or performance improvement plan should contact counsel now. Ditto for employees who are seeing their doctor for workplace-related stress or anxiety.