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If you got arrested and then promptly got fired, you understandably have questions about your legal rights. You are dealing with a very challenging—and potentially very costly—situation. In this type of situation, it is critical to ensure that you are making informed decisions, and this means that you should speak with a Maryland employment attorney promptly.
5 Things Employees Need to Know After Being Arrested in Maryland
Before you speak with a Maryland employment attorney, however, it will be helpful for you to learn a bit more about your situation. With this in mind, here are five things employees need to know after being arrested in Maryland:
1. Maryland is an “At Will” Employment State
The first thing you need to know is that Maryland is an “at will” employment state. This means that your employer can terminate your employment at any time (or “at will”)—including after an arrest.
2. “At Will” Employees Can Be Fired for Any Lawful Reason or No Reason At All
The “at will” employment doctrine is often described as allowing employers to terminate their employees “for any reason or no reason at all.” But this isn’t entirely accurate. Rather, it is more accurate to say that employers in “at will” employment states can terminate their employees “for any lawful reason or no reason at all.”
Since your employer doesn’t need a specific reason to fire you, it also doesn’t need to state why your employment is being terminated. If your employer tells you that you are being fired because of your arrest, this is generally fine—as long as it is true.
3. Pretexts Do Not Legitimize Wrongful Terminations
Even in “at will” employment states like Maryland, employers cannot fire their employees for unlawful reasons. Among other things, this means that your employer cannot fire you on a discriminatory or retaliatory basis.
If your employer uses an intervening event (like an arrest) as an excuse to fire you for an unlawful reason, this does not make your termination lawful. In this scenario, your arrest is considered a “pretext” for a discriminatory or retaliatory firing. Since the real reason for your arrest is unlawful, your employer cannot use your arrest as an excuse to violate your legal rights.
4. Facially Neutral Employment Policies Can Be Discriminatory in Their Impact
Some employers have policies that provide for the termination or suspension of employees who are facing criminal charges. Even when these types of policies are facially neutral (meaning that they apply to the employer’s entire workforce), they can still have discriminatory impacts. If the enforcement of a facially neutral employment policy has discriminatory impacts, employees who suffer these impacts can seek appropriate remedies under Maryland or federal law.
5. Employees’ Arrests Can Impact Employers in Various Ways
With all of that said, it is also important to keep in mind that employees’ arrests can impact employers in various ways. Employees’ arrests can harm their employers’ reputations, and employing someone who has been accused of a serious or dangerous crime can result in loss of business in many cases. As a result, even though employers don’t need a reason to fire their employees in Maryland, employers will often have a legitimate interest in firing (or at least suspending) employees who get arrested.
You Should Talk to a Maryland Employment Attorney if You Have Questions
So, can your employer fire you because you got arrested? The short answer is, “It’s complicated.” While employers in Maryland generally have the ability to fire employees who get arrested, terminations that are based on arrests (or purportedly based on arrests) can be unlawful in some cases.
With this in mind, you should talk to a Maryland employment attorney if you have questions. If you have any reason to suspect that your termination was discriminatory, retaliatory or otherwise wrongful, it will be well worth learning about your legal rights. If you have a wrongful termination claim, you may be entitled to significant financial compensation, and your attorney will be able to take appropriate legal action on your behalf.
Schedule an Appointment with a Maryland Employment Attorney at The Law Firm of J.W. Stafford
If you need to know more about your legal rights as an employee (or former employee) in Maryland, we invite you to get in touch. To schedule an appointment with a Maryland employment attorney at The Law Firm of J.W. Stafford, give us a call at 410-514-6099 or contact us confidentially online today.