Estimated reading time: 10 minutes

Key Takeaways

• Arrest ≠ conviction. Know the difference between an arrest, a charge, and a conviction before you respond at work.

• State law and company policy control what your employer can do after an arrest; at-will employment has important exceptions.

• Suspension pending a criminal case may be lawful, but terms (paid vs unpaid, benefits) should be clear and consistent.

• Job relevance matters. Safety-sensitive or trust-based roles face more immediate employment consequences after a criminal charge.

• Act fast: document everything and get legal help after arrest at work from both criminal defense and employment counsel.

Table of Contents

• Introduction

• Understanding arrests vs. charges while employed

• Can an employer fire you if arrested?

• Suspension pending a criminal case: rights, pay, and procedure

• Employment consequences of a criminal charge

• Legal help after arrest at work: who to contact and why

• Step-by-step practical checklist for employees

• What employers should do

• Summary and Key Takeaways

• Resources and further reading

• Conclusion

• FAQ

Introduction

If you were arrested at work, understanding your arrested at work employer rights is essential for protecting your job and your legal position. “Arrested at work” means you were taken into police custody or detained while on company premises or during work hours. Being “charged with crime while employed” means a prosecutor has filed a formal accusation alleging criminal conduct during your employment period.

These situations are stressful and complicated. Employers must balance workplace safety, company policy, and employment law, and employees need clarity to avoid mistakes that can cost them their jobs. As employment-law commentators note, employers should approach handling an employee’s arrest or incarceration carefully to avoid discrimination or wrongful termination risks, and state-specific rules (like those discussed in Littler’s analysis of arrests and pending charges) can sharply limit what action is allowed.

In this guide, you’ll learn whether your employer can fire you, when suspension is allowed, how a criminal case can affect your career long-term, and how to get the right legal help quickly. We cite practical guidance for employers and employees, including risk-avoidance steps described by Ogletree’s discussion of legal pitfalls around arrests and the policy-based approaches outlined by Wolters Kluwer.

Understanding arrests vs. charges while employed

Key definitions: arrest, charge, conviction

An arrest is police custody or physical detention; an arrest may or may not result in charges. A charge is a prosecutor’s formal allegation that can lead to arraignment and trial. A conviction is a finding of guilt, either by plea or verdict. An arrest or a pending charge is not a conviction and should be treated differently—legally and operationally—by employers and employees.

Typical workplace scenarios include:

• Arrested on-site after an incident when the employer calls police.

• Arrested off-site but during work hours (e.g., detained near work or after a court appearance).

• Arrest for job-related alleged conduct, such as a financial or safety offense.

• Arrest unrelated to the job but publicized, harming the employer’s reputation.

• Internal investigation after an allegation like theft; see our guide for workers accused of theft at work.

Job relevance matters. Alleged conduct that conflicts with core job duties—especially safety-sensitive roles, fiduciary positions, or client-trust responsibilities—tends to prompt faster employer responses. Legal analysts explain that off-duty arrests still pose workplace challenges, and employers should avoid disparate treatment and premature decisions while they assess job relevance and risk, as noted in Littler’s arrest/charges overview, Wolters Kluwer’s arrest-handling guidance, and Ogletree’s article on avoiding legal pitfalls when employees are arrested off-duty.

Being charged with crime while employed does not automatically prove misconduct at work. Still, the employment consequences criminal charge can be serious—especially if the role involves vulnerable populations, money handling, driving, or licensure.

Can an employer fire you if arrested?

The central question many ask is, “can employer fire me if arrested?” In most states, at-will employment allows employers to terminate for many non-protected reasons. But at-will has limits. Employers cannot fire for illegal reasons (like discrimination or retaliation), and many states restrict using arrests that did not lead to convictions as the sole basis for adverse action.

California is a clear example. As summarized by Littler’s discussion of California restrictions, Labor Code § 432.7 limits adverse action based solely on an arrest not resulting in conviction. Other states have similar protections or “fair chance” rules that narrow how arrest and criminal history can be used in employment decisions.

Company policies also matter. Many employers require reporting an arrest or charge within a set time and outline possible discipline for noncompliance. Wolters Kluwer notes that violations of reporting policies—when applied consistently—can justify discipline even if the arrest itself cannot. Employers also need to avoid common mistakes around off-duty conduct and arrests, a point echoed in Ogletree’s guidance on legal pitfalls.

When termination is more likely

• Arrest or charge is directly related to job duties (e.g., a driver arrested for DUI; a healthcare worker charged with patient abuse).

• Clear company policy requires disclosure or allows discipline tied to underlying conduct or policy violations.

• Conviction for a crime relevant to the role or that disqualifies a required license or clearance.

• Credible threats to workplace safety, client trust, or significant reputational risk for public-facing positions.

When termination could be wrongful

Termination may be unlawful if it’s because of your protected class (race, sex, disability, age, religion, etc.), because you engaged in protected activity (whistleblowing, reporting discrimination), or if the employer uses an arrest without conviction as a pretext. Learn more about limits on at-will and how to spot unlawful reasons in our guide to at-will employment exceptions. If you believe you were fired for an illegal reason, see our primer on being wrongfully terminated from your job.

Practical tips on termination risk

• Review your employee handbook, employment contract, and any arrest-reporting policy immediately.

• Document every interaction with HR; ask for written reasons for discipline or termination.

• Consult an employment lawyer before responding to termination offers or signing a release; see our severance agreement review checklist if you are presented with a separation package.

Finally, remember that off-duty arrest issues can be tricky for both sides. Employers are warned to apply policies consistently and avoid jumping to conclusions, as emphasized in Littler’s analysis of arrests vs. convictions, Wolters Kluwer’s arrest-handling guidance, and Ogletree’s legal pitfalls overview.

Suspension pending a criminal case: rights, pay, and procedure

A suspension pending criminal case occurs when an employer temporarily removes an employee from duties while investigating or awaiting the case outcome. This is common when the allegations are serious, job-related, or create safety and trust risks. Both Wolters Kluwer and Ogletree recommend clarity, consistency, and documentation.

Paid vs. unpaid suspension

Whether suspension is paid depends on employer policy, any union contract, state wage-and-hour rules, and past practice. Safety-sensitive roles sometimes use paid leave until facts are verified; serious misconduct affecting clients may lead to unpaid administrative leave where policy allows. If you’re put on leave, confirm the pay status in writing and ask about benefits continuation.

Lawful procedure and benefits

• Employers should notify you of the reason for suspension, anticipated duration, and whether it is with or without pay.

• They should outline investigation steps and provide reasonable updates about timing.

• Ask how health insurance, retirement contributions, and PTO accruals are handled during suspension; get it in writing.

Outcomes vary. If you are acquitted or charges are dropped, you may seek reinstatement, back pay, or correction of your record consistent with policy and law. If convicted of a job-related offense, an employer may have lawful grounds for termination or other sanctions.

If your suspension includes an internal inquiry, understand your rights during a workplace investigation and keep copies of everything provided by HR.

Employee checklist during suspension

• Ask for a written suspension notice stating the reason, duration, pay status, and next steps.

• Confirm benefits continuation and HR points of contact in writing.

• Keep copies of all emails, letters, and notes from calls or meetings.

• Check if a union agreement or employment contract gives added protections or pay rights.

These steps align with the policy-centered approach in Wolters Kluwer’s guidance on handling an employee arrest and the consistency principles summarized by Ogletree.

Employment consequences of a criminal charge

A criminal charge can affect your job short-term and long-term—from suspension to termination to stalled career prospects. The employment consequences criminal charge depend on role, policy, state law, and the case outcome.

Short-, mid-, and long-term impacts

• Immediate: suspension, administrative leave, reassignment, and internal investigation.

• Mid-term: demotion, loss of clearances or licenses, limitations on client-facing tasks, or nonrenewal of contracts.

• Long-term: termination, difficulty finding new roles due to background checks, reputational harm, and reduced promotions or raises.

Background checks and legal limits

Many employers run periodic background checks or pre-promotion screenings, but there are legal limits—especially regarding arrests that did not lead to conviction and fair chance/ban-the-box laws in some jurisdictions. See Wolters Kluwer’s overview on using criminal information and Littler’s analysis of state restrictions. If you believe a background-screening decision was unfair or discriminatory, review our guide to combating criminal record job discrimination and how employers may use credit or background information under the FCRA in our piece on whether an employer can run a credit check.

Roles under greater scrutiny

Safety-sensitive workers (drivers, operators), fiduciaries (finance, accounting), childcare/eldercare, healthcare, and law enforcement are often subject to heightened standards and regulatory consequences, including mandatory reporting and license impacts. Employers should assess job-relatedness and risk before making decisions, as emphasized in Ogletree’s legal pitfalls guidance and Wolters Kluwer.

Practical recovery steps

• If not terminated: request a written statement of your status, clarify criteria for reassessment after the case resolves, and continue documenting strong performance.

• If terminated: ask for the written reason cited, request the reference policy in writing, and consider an unemployment claim. If denied, see our unemployment denial appeal guide.

If you suspect the firing was unlawful, learn what to preserve and how to proceed in our overview of being wrongfully terminated. These planning steps can minimize long-term employment consequences criminal charge and help you move forward.

Legal help after arrest at work: who to contact and why

If you need legal help after arrest at work, act quickly: different lawyers address different problems. Time-sensitive decisions can affect both your criminal case and your job.

Two legal paths

• Criminal defense attorney: handles charges, evidence, plea offers, diversion, and expungement. Reducing or dismissing charges can directly improve employment outcomes.

• Employment attorney: focuses on workplace rights—wrongful termination, discrimination, retaliation, unpaid wages during suspension, and contract or policy violations.

How lawyers protect you

• Guide what to say to your employer and what to avoid, including the dos and don’ts for telling your boss about an arrest. Keep communications in writing where possible.

• Negotiate administrative outcomes: suspension terms, confidentiality, or severance; coordinate with your criminal lawyer to time updates carefully.

• Challenge unlawful termination or discipline; seek reinstatement, back pay, or a clean reference.

• Align criminal-defense strategy with employment objectives to reduce collateral job harm.

What to bring to consultations

• Arrest paperwork, booking number, and police report (if available); any charging documents.

• Employee handbook, relevant policies (including arrest-reporting rules), employment contract.

• Suspension letter or termination notice; emails/texts with HR; names of witnesses or managers involved.

Timelines and deadlines

Move fast. There are deadlines for unemployment claims, COBRA/benefits, internal appeals, and state or federal claims for wrongful termination or discrimination. If a severance is offered, review it before signing; see our guide to severance agreement review. Coordinated legal help after arrest at work can preserve your options and reduce risk.

Step-by-step practical checklist for employees

1. Stay calm and avoid self-incrimination. Rationale: statements can be used in both criminal and workplace investigations—speak with a criminal attorney first.

2. Collect arrest paperwork, booking number, and any police report. Rationale: these documents help your lawyers and HR verify facts and timelines.

3. Review your employee handbook and contract for reporting obligations and discipline policies. Rationale: missing a reporting deadline can become a separate policy violation.

4. Ask HR for written notice of any suspension or discipline, including pay and benefits status. Rationale: written terms help ensure consistency and preserve evidence for disputes.

5. Document every conversation; save emails, meeting notes, and letters. Rationale: a clean record supports your position if decisions are challenged later.

6. Contact a criminal defense attorney immediately; if adverse action occurs, consult an employment lawyer. Rationale: you need dual-track advice to manage both legal fronts effectively.

7. Consider whether to disclose the arrest to colleagues or clients only after counsel. Rationale: unnecessary disclosure can increase reputational harm or violate policy.

8. If acquitted or charges are dropped, request reinstatement and written corrections to your HR file. Rationale: clearing the record reduces long-term employment consequences criminal charge.

Simple templates you can copy

• Request written suspension terms: “Hello [HR Name], please confirm in writing the reason for my suspension, whether it is paid or unpaid, the expected duration, benefits status, and the next steps in the process. Thank you.”

• Request an HR meeting: “Hello [HR Name], I’d like to schedule a meeting to discuss my employment status and next steps regarding the recent incident. Please share available times and whether a written agenda will be provided.”

If benefits or unemployment are disrupted during a suspension pending criminal case or after termination, read our unemployment denial appeal guide for quick steps to preserve eligibility.

What employers should do

Employers should apply policies consistently, document the rationale for any suspension or termination, and evaluate job relevance before acting. Use written notices that state pay status, benefits, and expected duration. Follow progressive discipline where appropriate and avoid discriminatory or retaliatory explanations.

These steps align with Wolters Kluwer’s guidance on handling an employee’s arrest and Ogletree’s discussion of legal pitfalls when employees are arrested off-duty. Approaching each case with a consistent, policy-based framework reduces risk, respects arrested at work employer rights, and leads to more defensible results if challenged.

Summary and Key Takeaways

• An arrest or charge is not a conviction. Assess job relevance and follow policy before any decision.

• At-will employment has limits; state laws (e.g., California) may restrict adverse action based on arrest alone.

• Suspension pending criminal case can be lawful, but terms must be clear; employees should confirm pay and benefits in writing.

• The employment consequences criminal charge can be immediate and long-term; proactive documentation and status updates help.

• Get legal help after arrest at work from both criminal and employment counsel to protect your rights on both fronts.

Resources and further reading

• Wolters Kluwer — Handling an employee’s arrest or incarceration

• Littler — Employees’ arrest or pending criminal charges (California analysis)

• Ogletree — Avoiding legal pitfalls when employees are arrested off-duty

• ITW Law — Telling your boss about your arrest: dos and don’ts

Conclusion

Being arrested or charged while employed is a high-stakes situation. Understanding your policy obligations, state-law protections, and whether discipline is tied to job relevance can help you avoid avoidable mistakes. Get coordinated advice from both criminal defense and employment counsel, document everything, and move quickly on deadlines. This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice about your specific situation.

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FAQ

Can my employer fire me just because I was arrested?

It depends on state law, policy, and job relevance. At-will employers can terminate for many non-protected reasons, but some states restrict action based solely on arrest without conviction, as discussed by Littler and Wolters Kluwer.

Will I be paid if I’m suspended pending a criminal case?

Not always. Pay depends on employer policy, any union contract, and state wage rules. Employers should clearly communicate pay status and benefits, as advised in Wolters Kluwer’s guidance and Ogletree’s legal pitfalls overview.

Should I tell my employer if I was arrested?

Check your handbook for reporting requirements and consult a lawyer before sharing details. See the dos and don’ts for telling your boss about an arrest to avoid unnecessary disclosures that could harm your case.

Will an arrest appear on a background check?

It can, depending on the check and jurisdiction. Many states limit reliance on arrests not resulting in conviction. See Wolters Kluwer’s overview and Littler’s state-focused analysis for examples.

Who should I contact first—a criminal or employment lawyer?

Start with a criminal defense attorney immediately to protect your rights in the criminal matter, then consult an employment lawyer if your employer suspends, demotes, or fires you. Coordinated legal help after arrest at work can minimize job damage.