Legal Question in Civil Rights Law in Massachusetts

Employers obligation to Incarcerated Employee

As an employer, what-if any- obligations do I have to an employee who is incarcerated for 90 days?


Asked on 3/30/04, 3:46 pm

2 Answers from Attorneys

Nance Lyons Law Office of Nance Lyons

Re: Employers obligation to Incarcerated Employee

Unless you have a policy and apply it uniformly, you have no obligation of any kind to an at-will employee who can be fired at any time, for any reason or for no reason at all so long as the reason for termination is not colored by discrimination. If you have not fired other employees who have been jailed, employee may be eligible for unemployment.

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Answered on 3/31/04, 1:03 pm
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Employers obligation to Incarcerated Employee

In general, none. If you intend to termintate the employee, you should do so for a failure to show up for work, which is your right.

Evan

617-723-5630

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Answered on 3/30/04, 3:52 pm


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