Legal Question in Criminal Law in New York

Fired after an arrest

I'm a nurse. I recently got arrested and criminal charges pending on my license. Two days after my arrest I received a letter of termination. No conviction occurred. The case is pending. Is it legal for the employer to do that.


Asked on 12/19/06, 4:41 pm

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Fired after an arrest

No, there are restrictions on an employers right to terminate one's employment based on an arrest.

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Answered on 12/19/06, 4:45 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Fired after an arrest

I am sorry for your troubles. As a Hospital employee, this is a matter for your Union. If you do not have a union, then please contact me for further assistance.

As a general rule, a private employer may terminate any employee according to the rules of the workplace. The rules of the workplace are established by the union/employer contract or by the human resources department. If there are no rules and no union, then they may terminate at will.

BUT - they may not terminate you before conviction and deny you unemployment insurance.

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Answered on 12/19/06, 5:14 pm


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