Getting arrested can have a dramatic impact on you life regardless of your guilt or innocence. Temporary confinement, cost of bail and loss of reputation, these are just a few of the negative impacts an arrest can have your life. But can your employer legally fire you from your job as a result of getting arrested?
The California Labor Code prohibits employers from taking adverse action against applicants and employees for an arrest when the arrest does not lead to a conviction. (Labor Code § 432.7) The statute allows employers to ask about pending arrests, but prohibits an employer from using arrest status as a basis for imposing discipline or other terms and conditions of employment. Thus, you cannot be fired or demoted simply for an arrested that does not lead to a conviction.
Watch out, however, the statute permits employers to inquire about pending arrests, but not act upon them. If your employer asks about the allegations surrounding your arrest, refer your employer to your attorney. Do not make any statements regarding your arrest to your employer because they maybe looking for a confession which may lead to a conviction, and termination!
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