Legal Question in Criminal Law in Indiana

loss of employeement

if you are accused of a crime, for example the sale of a controlled substance. can your employer terminate you until you are proven inocent. If your court date is four months from your arrest date. are'nt you inocent until proven guilty. you should not lose your job while awaiting your court date.


Asked on 2/25/05, 5:46 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: loss of employeement

One does enjoy a presumption of innocence until prove guilty beyond a reasonable doubt before a jury of peers. However, that relates to the criminal system. After all, if convicted, ones freedom may be at stake as well as being subject to other consequences. However, a private business which employ's individuals may have standards on conduct that might include issues with the appearance of impropriety. If so, the image of a company may be thought of as to valuable to the employer in the business community to be associated with one who has such a pending criminal matter. In short, unless this is some type of race, ethnic, religious or sex discrimination, who may not be able to do much. If you belong to a union, discuss this with your union representative who might be able to deal with management. Otherwise, look to your employee's handbook as to how you might a file a grievance or appeal the decision. If after this, you feel the need, you may wish to consult with a labor attorney who's area of practice is focused on such issues.

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Answered on 2/26/05, 12:13 pm


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