Can An Employer Fire You For Pending Charges?
Can An Employer Fire You For Pending Charges?

Can An Employer Fire You For Pending Charges?

Yes, an employer can often fire you for pending criminal charges, especially in “at-will” employment states, but it’s usually not just for the charge itself. The firing must be tied to the charge’s impact on your job, company reputation, or safety. Requiring a fair process like investigation and consideration of alternatives, rather than just an arrest or charge alone. Employers can’t always wait for a trial; they must show the conduct affects the business. Potentially leading to dismissal for “some other substantial reason” (SOSR) if done fairly, even if charges are later dropped.

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This article will provide insight into the issue of pending charges and your rights as an employee in certain situations. It will also give a detailed description on what the legal process looks like and for employees with pending charges.

What are Pending Charges and How Do They Impact Employment?

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Pending charges are formal accusations of a crime that hasn’t been resolved by the courts, appearing as “awaiting disposition” on background checks. They significantly impact employment by raising red flags for employers, potentially leading to hiring freezes, withdrawn offers, or job loss, especially in trust-sensitive roles. Outright firing for just a pending charge can be legally complex and vary by jurisdiction and job relevance.

A pending charge means someone has been formally accused of a crime, but the case is still active in the legal system, not yet convicted or dismissed, until the employee is officially proven guilty. The impact of a pending charge on an employee’s status in a company, is not automatic and depends on several factors, which are listed below:

  • Company Policy and Contractual Obligations: Employees may be required by their employment contract or employee handbook to bring details of any arrests (that occurred during their time with the company) to their employer’s attention. Failure to follow this policy, even if the charge is unrelated to the job, can be grounds for disciplinary action, including termination.
  • Job Relevance: Employers typically assess the relationship between the nature of the alleged offense and specific duties and responsibilities of the job. For example, a pending fraud charge would be highly relevant for an employee in a financial role, potentially justifying suspension or dismissal due to breach of trust or potential risk to the company.
  • Nature and Seriousness of the Charge: Serious charges, even if off-duty, can damage an employer’s reputation or disrupt the workplace, which may provide a legitimate reason for the employer to take action.
  • Inability to Perform Job Duties: If the pending charge leads to an employee being held in jail (missing work) or losing a required license (e.g., a driver’s license for a delivery driver), the employer may have grounds for termination based on the inability to perform the job’s essential functions.
  • Individualized Assessment: The Equal Employment Opportunity Commission (EEOC) encourages employers to conduct an “individualized assessment” rather than applying a blanket policy of disqualification. This involves giving the employee an opportunity to explain the circumstances, provide evidence of rehabilitation, or show that the information is inaccurate.
  • Potential Legal Implications: Employers must navigate various laws to avoid legal challenges, primarily concerning discrimination. Some of these laws include:
    • Discrimination Claims: Firing an employee solely based on an arrest or pending charge (which is not a conviction)  can lead to claims of discrimination, especially if such policies disproportionately affect certain protected groups (e.g., race or national origin) and are not job-related.
    • Fair Credit Reporting Act (FCRA): If an employer uses a third-party background check company, they must comply with the FCRA. This requires providing the employee with a copy of the report and a summary of their rights before taking any adverse action (pre-adverse action notice), giving the employee a chance to dispute errors.
    • State and Local “Ban the Box” Laws: Many states and localities have “ban the box” laws that restrict when employers can ask about criminal history, often delaying the inquiry until later when hiring people or after a conditional offer has been made.
    • Wrongful Termination: In certain jurisdictions, especially where “at-will” employment is not universal or where specific protections exist, an employee may sue for wrongful termination if the current employer acts unfairly or without a legitimate business reason connected to the job.

What Counts as “Pending Charges”?

Specific situations that count as pending charges include awaiting trial or plea, which happens when the case is in progress and the individual is waiting for their court date, trial, or plea bargain to be finalized. Another specific situation that would count as a pending charge is suspended or deferred cases. These are cases where a final judgement is deferred or suspended while the defendant completes a program (like probation or community service).

Also, in some cases, after an arrest, the prosecutor’s office may take time to evaluate the evidence before formally filing specific charges. During this period, the potential charges might be referred to as “pending investigation”.  In a situation where a person has no prior criminal records, and has been convicted but has filed an appeal that has not yet concluded, the case may still be considered pending for certain legal purposes. A person with pending charges may be held in custody as an undertrial prisoner or released on bail while awaiting a date for their court case.

Understanding Your Legal Rights and Options

An employee facing criminal charges retains significant rights to fair treatment and due process in the workplace, and such an employee has several options for managing the situation with their employer. The specific rights and options often depend on local laws, employment contracts, and the nature of the charges in relation to their job duties. Some employee rights are listed below.

Employee Rights

  1. Presumption of Innocence: An employee should not be disciplined or dismissed solely because they have been charged with a criminal offense. Pending charges are not proof of guilt, and employers should avoid rushing to judgement.
  2. Right to a Fair Workplace Investigation: Employers should conduct their own fair and impartial internal investigation to determine the impact on the job and workplace, rather than relying solely on the criminal case. The employee has the right to:
    • Be informed about the allegations in sufficient detail to respond effectively.
    • Be given a fair and reasonable opportunity to respond to the allegations and present their side of the story.
    • Have a support person, such as a colleague or union representative, present during formal disciplinary meetings (rights vary by jurisdiction and company policy for investigatory meetings).
    • Confidential handling of information related to the investigation.
    • Be protected from retaliation for participating in or being the subject of a workplace investigation.
  1. Protection from Unfair Dismissal: Dismissal must not be for an illegal reason (e.g., misconduct, or “some other substantial reason” related to the job role or business reputation) and a fair procedure must be followed. An employer must demonstrate that the conduct in question has employment implication (e.g., driver charged with a serious driving offense).
  2. Right to Legal Counsel: While typically not entitled to a lawyer during an internal employer investigation (unless stipulated by contract or specific state laws for public employees), an employee can seek legal advice to understand their rights. Generally, it is advisable for every employee to know their rights as it applies to their employment and the company they work for.                

Employee Options
An employee facing pending criminal charges has the following options

  1. Seek Legal Advice: Consulting with an employment lawyer is a critical first step to understand specific rights based on location, employment status (e.g., at-will employment in the US), and the specifics of the charges.
  2. Communicate with the Employer (carefully): With legal counsel’s guidance, the employee can choose to inform the employer of the situation (especially if required by company policy). It is often best to be honest but brief, and avoid discussing case specifics without legal advice, as internal discussions could potentially become evidence.
  3. Cooperate with the Employer’s Internal Process: Engaging in the employer’s internal investigation and disciplinary procedure, providing a response to allegations, and participating in meetings helps ensure the employee’s perspective is heard and documented.
  4. Explore Alternatives to Termination: The employee can discuss potential interim measures with the employer, such as temporary reassignment to a less public-facing role, adjusted responsibilities (removing access to finances or sensitive data), and taking a leave of absence is necessary for court appearances or custody.
  5. Appeal Decisions: If disciplinary action is taken, the employee generally has the right to appeal the decision through the employer’s internal appeals process. If the process was unfair, the employee may be able to file a claim with an employment tribunal or commission (such as the EEOC in the US).
  6. Document everything: The employee should keep copies of all employment documents, job performance reviews, communications with HR (human resources) or management, and notes from all meetings related to the investigation.

Factors Employers Consider Before Firing Someone
Employers consider various factors before firing an employee with pending criminal charges, focusing primarily on the connection between the charges and the job duties, potential reputational damage to the business, and the employee’s ability to perform their job. A pending charge alone is generally not sufficient grounds for dismissal without a proper investigation and fair process. Key factors employers consider include:

  1. Nature and Seriousness of the Charges: The severity of the alleged crime is a major factor. Serious offenses like fraud, theft, or violence are more likely to warrant disciplinary action than minor, unrelated infractions.
  2. Relevance to Job Duties: The employer assesses if the nature of the charges makes the employee unsuitable for their specific position. For example, an employee with pending theft charges working in a finance role would be a significant concern.
  3. Impact on the Business/Reputation: Employers consider the potential damage to their reputation and business interests, especially if the charges become public knowledge. This is a common concern for employees in high-visibility or client-facing roles.
  4. Workplace Safety and Colleague Relations: The employer evaluates whether the employee’s continued presence in the workplace poses a risk to the safety and well-being of other employees, customers, or vendors, or if colleagues reasonably refuse to work alongside them.
  5. Employee’s Position and Length of Service: The employee’s role within the organization (e.g., manager vs. junior staff) and their overall work history (e.g., long-term employee with an unblemished record vs. new hire) can influence the decision and the fairness of immediate dismissal.
  6. Ability to Perform the Job: If the employee is unable to perform their job duties due to the charges (e.g., restricted by bail conditions, held on remand, or frequently absent for court dates), this can be a valid reason for termination under “some other substantial reason” (SOSR).
  7. Company Policies and Procedures: Employers will refer to internal policies, the employment contract, and the employee handbook regarding reporting arrests, conduct, and disciplinary procedures.
  8. Fair Process and Investigation: To avoid wrongful dismissal claims, the employer must conduct a reasonable internal investigation, provide the employee an opportunity to explain their situation, and follow a fair process. The employer’s internal investigation and belief on “balance of probabilities” can proceed independently of the criminal court’s “beyond a reasonable doubt” standard.
  9. Legal Guidance: Employers often seek legal advice to ensure compliance with federal, state, and local employment laws and anti-discrimination laws (such as those from the Equal Employment Opportunity Commission.

Legal Limits on Firing Someone Over Pending Charges

Employers face significant legal limits when firing someone solely over pending charges, particularly in the U.S., where the Equal Employment Opportunity Commission (EEOC) and several state laws emphasize that an arrest is not proof of guilt. The core principle is that disciplinary action must relate directly to the employee’s job duties, workplace safety, or business reputation, and must involve a fair internal process. Below is the breakdown of key legal limits an employer faces before firing someone.

Key Legal Limits and Considerations

  1. Arrest vs. Conviction: Employers generally cannot terminate an employee solely because they have been arrested or charged with a crime. A person is presumed innocent until proven guilty in court.
  2. Job-Relatedness and Business Necessity: The employer must demonstrate a “direct and rational relationship” or a “substantial relationship” between the alleged criminal conduct and the specific job’s requirements and responsibilities. For example, firing a driver for a pending driving under the influence (DUI) charge may be justifiable because the charge directly impacts their ability to perform their job duties. Firing an office-based employee who does not drive for the same offense would be less likely to be legally sound.
  3. Reputational Damage: While difficult to prove, an employer may be able to justify dismissal if they can show tangible evidence that the pending charges would cause significant damage to the company’s reputation, especially if the employee is in a highly visible or trusted position.
  4. Attendance Issues: An employer is generally permitted to enforce a standardized attendance policy. If an employee is unable to come to work due to incarceration or mandatory court appearances, they may be subject to termination based on their inability to fulfill job duties, regardless of the pending charges themselves.
  5. Fair Internal Process: Employers must conduct their own internal investigation and give the employee a fair opportunity to explain their conduct before taking action. Relying solely on police investigations or the outcome of a trial is often insufficient to defend against a wrongful termination claim.
  6. State and Local Laws: Specific jurisdictions, such as California and New York, have laws (sometimes called “Ban the Box” laws) that add further restrictions, prohibiting employers from considering arrests that did not lead to convictions in employment decisions.
  7. Discrimination Claims: Using arrest records in a way that disproportionately impacts certain protected groups could lead to discrimination claims enforced by the (EEOC), as this may violate federal equal employment opportunity laws.

Can an Employer Fire You for Pending Charges? Understanding the Legal Process and Employee Rights

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When an employee faces pending criminal charges, the legal process at the workplace is separate from the criminal case and focuses on the nexus between the alleged conduct and the employer’s job, reputation, and workplace safety. Employers must follow a fair, individualized process and not automatically assume guilt.

Below is the description of what the legal process and procedure looks like for an employer and the employee facing pending charges:

The Legal Process From the Employee’s Perspective

From an employee’s standpoint, one of the first concerns is disclosure. In most private-sector jobs, employees are not legally required to disclose pending charges, arrest records, or a criminal case unless their employment contract, employee handbook, or company policies explicitly require it. However, public sector employees, individuals holding professional licenses, or those working in regulated industries may have mandatory reporting obligations tied to government agencies, security clearances, or public trust roles.

Before speaking with human resources or a current employer, consulting legal counsel is critical. Anything an employee says internally whether in writing or verbally can potentially be used later in court. A lawyer experienced in criminal law and employment law can help an employee navigate how to communicate without jeopardizing their defense, especially when a court date or active criminal case is pending.

If an employer launches an internal investigation, the employee generally has the right to be informed of the allegations and given an opportunity to respond. Participation may occur through written statements prepared with a lawyer’s guidance, allowing the employee to protect their legal position while still engaging in the workplace process. Maintaining professionalism and continuing strong job performance, if allowed, can also help demonstrate good standing and reinforce that the pending matter does not affect the employee’s ability to do the job.

Background checks present another major concern. Pending criminal charges often appear on background checks because arrest records and court filings are public records. If a report incorrectly lists a conviction, misstates the status of a pending criminal charge, or omits critical context, the employee or job applicant has the right to dispute the information. Correcting these errors is essential, particularly when dealing with potential employers, conditional job offers, or hiring people decisions.

The Employer’s Legal Process and Obligations

From the employer’s side, the process must be guided by fairness and a reasoned assessment of risk. An employer may become aware of pending charges through public records, background monitoring, or employee disclosure, but they must not automatically terminate employment solely based on an arrest or accusation. A pending criminal charge does not mean the employee has been convicted or found guilty.

Employers are expected to conduct an independent and impartial investigation focused on how the alleged conduct relates to the job and the workplace. This investigation does not need to wait for the criminal court case to conclude, but it should concentrate on job relevance, workplace safety, and whether the job requires access to sensitive information or poses regulatory risks.

Disciplinary action should only be considered when there is a genuine connection between the alleged crime and the employee’s position. For example, fraud charges may raise legitimate concerns for a finance role, while unrelated charges may have no bearing on many jobs. Employers must evaluate the specific circumstances rather than rely on generalized assumptions about criminal history.

During the investigation, employers may implement interim measures, such as placing the employee on suspension with pay, approving a temporary leave, or reassigning duties. These steps can help protect the workplace while avoiding premature termination. At all times, employers must follow their own established disciplinary procedures, employment policies, and employee handbooks consistently to avoid claims of discrimination or unfair treatment.

Employees must also be given a meaningful opportunity to respond, present evidence, and challenge allegations. Decisions should be based on an individualized assessment that considers the nature of the pending charges, the employee’s employment history, job performance, and any mitigating factors. Failure to do so may expose the employer to claims under Title VII, especially if the action disproportionately impacts a protected class such as race or national origin.

Thorough documentation is essential throughout the process. Employers should carefully record investigative steps, communications, HR emails, performance reviews, witness statements, and any termination rationale to demonstrate lawful decision-making.

How to Determine Whether a Termination Is Wrongful

A termination may be considered wrongful when it violates employment law or established legal protections. Discrimination is one of the most common grounds, particularly when an employee is fired due to assumptions tied to a protected trait such as race, gender, age, disability, religion, pregnancy, or national origin rather than actual job-related concerns.

Retaliation is another key category. If an employee is terminated shortly after engaging in protected activity such as reporting harassment, filing a safety complaint, or acting as a whistleblower, the firing may be unlawful. Breach of contract claims may arise when an employer violates written agreements, collective bargaining terms, or implied promises made through company policies or an employee handbook.

Termination may also violate public policy if an employee is fired for refusing to perform an illegal act or for exercising a legal right, such as taking protected leave or participating in civic duties. Consulting a lawyer is often the most effective way to assess whether a termination is wrongful. Wrongful termination cases are highly evidence-driven, and data from 2026 shows that employees with legal representation are more than twice as likely to succeed and obtain higher settlements than those who proceed without counsel. Many employment attorneys offer free initial consultations to review the facts and explain available legal options.

Identifying Pretext and Gathering Evidence

In many cases, employers cite performance issues, restructuring, or business needs as the reason for termination. These explanations may be a pretext (a false justification), if the facts do not align. Red flags include inconsistent treatment where other employees engaged in similar conduct but were not fired, sudden timing following protected activity or positive reviews, and procedural failures where the employer ignores required disciplinary steps.

Gathering evidence early is essential. Employees should secure copies of employment contracts, offer letters, company policies, and employee handbooks. Communication records such as emails, messages, or internal chats may reveal discriminatory intent or a sudden shift in management behavior. Past performance reviews can counter claims of poor job performance, while witness information from coworkers can help corroborate unfair treatment.

How Can Employees Navigate Important Deadlines and Potential Outcomes?

Navigating employment disputes while facing a pending criminal charge requires careful attention to deadlines, documentation, and legal strategy. Whether the issue involves criminal history, arrest records, or alleged conduct that has drawn an employer’s attention, missing a single deadline can permanently affect your legal rights, employment status, and future job prospects. Employees dealing with pending charges, criminal cases, or background check issues must understand how employment law, anti-discrimination laws, and criminal law intersect to protect their position and standing.

Understanding Critical Legal Deadlines

Legal deadlines determine whether an employee can pursue claims related to discrimination, retaliation, or wrongful termination. For example, if an employer makes adverse employment decisions based on national origin, protected class status, or an illegal reason tied to arrest records or pending criminal charges, the employee generally must file an EEOC charge within 180 days. In many states with their own anti-discrimination agencies, this window extends to 300 days. Failing to meet this deadline can eliminate the ability to challenge discriminatory termination or hiring practices.

If the EEOC issues a Right to Sue letter, the employee has exactly 90 days from receipt to file a lawsuit in federal court. This deadline is strict and applies regardless of whether the employee is still dealing with a court case, a court date, or unresolved criminal charges. Missing this window usually means the claim is lost permanently.

Deadlines also apply to background check disputes under the Fair Credit Reporting Act (FCRA). When a background check or public records report incorrectly lists pending criminal charges, felony information, or suggests guilt before being proven guilty, an employee or job applicant typically has between 5 and 14 days to dispute errors after receiving a pre-adverse action notice. Government agencies and screening companies must then investigate and respond within 30 days.

For wrongful termination lawsuits, timelines vary depending on the claim. Breach of an employment contract may allow a longer filing period, often between three and six years in most states, while tort-based claims usually must be filed within two to three years. Whistleblower retaliation claims can be even more time-sensitive, with some statutes requiring action within 30 to 90 days, making early legal counsel essential.

Immediate Steps Employees Should Take

When employment is terminated or threatened due to pending criminal charges or arrest, immediate action matters. Employees should request a written termination letter from human resources that clearly states the employer’s reasons for firing or suspension. This document helps prevent employers from later changing their explanation or relying on pretextual defenses tied to criminal history or alleged conduct.

It is also critical to gather internal evidence right away. Employees should save copies of performance reviews, employment history, emails, and witness contact information, as access to company systems is often revoked immediately after termination. These records can help demonstrate good standing, strong job performance, and that the employee was a great employee before the employer became concerned about such charges.

If a background check incorrectly reports pending charges, outdated criminal records, or suggests a conviction where there is none, employees should dispute the errors as early as possible. Initiating a formal FCRA dispute within 30 days can help protect future employment opportunities with potential employers and prevent incorrect information from affecting hiring people decisions or conditional job offers.

Potential Outcomes Employees May Face

Employment disputes can resolve in several ways depending on the facts, company policies, and legal strategy. In some cases, the EEOC may facilitate mediation between the employee and employer. If no discrimination is found, the agency may issue a Right to Sue letter, allowing the employee to pursue the matter in court.

Many disputes end in settlement agreements rather than litigation. Employers may offer severance pay, often calculated as a set amount such as two weeks’ pay, in exchange for the employee waiving future legal claims. These agreements are common when employers want to limit risk while addressing employment disruption caused by pending criminal charges or arrest records.

If litigation proceeds and the employee is successful, remedies may include back pay for wages lost from the date of termination, front pay for projected future earnings, and compensatory or punitive damages. Courts may also order reinstatement in certain circumstances, particularly when termination was based on an illegal reason rather than job duties, workplace safety concerns, or legitimate security clearances requirements.

Common Challenges and How to Address Them

In 2026, employees facing criminal charges must manage overlapping professional and legal pressures. Although the law presumes innocence until proven guilty, employers may still take administrative actions if they believe the job requires heightened trust, access to sensitive information, or compliance with regulatory standards.

Employers may suspend employees during internal investigations, especially if the role involves workplace safety, financial oversight, or professional licenses. Many companies now use continuous background monitoring, meaning new arrest records or pending criminal charges can trigger immediate inquiries without warning.

Mandatory disclosure requirements also pose challenges. Employees in regulated industries such as healthcare, education, or finance may be contractually obligated to report pending charges immediately under their employment contract or employee handbook. In extreme circumstances, if an employee is held in custody and unable to work, an employer may argue frustration of contract and legally terminate the employment.

To address these challenges, employees should immediately review their employment agreements and company policies. Disclosure should only occur if explicitly required, as voluntary disclosure can unnecessarily harm the employee’s position. Employees should also request written explanations for any suspension or discipline to ensure the employer is following its own procedures.

Using available Employee Assistance Programs (EAPs) can help employees manage stress and access support resources while facing criminal charges. If allowed to continue working, maintaining strong job performance and professionalism is critical to demonstrating that the pending criminal matter does not affect the employee’s ability to fulfill their position.

Benefits of Professional Representation

Having a lawyer provides several distinct advantages that are difficult to achieve through self-advocacy:

  • Preserving the Presumption of Innocence: While an employer may feel pressured to act, a lawyer reinforces the legal standard that a charge is not a conviction, often preventing “knee-jerk” terminations.
  • Leveling the Playing Field: Corporations often have dedicated legal teams; professional representation ensures the employee has an advocate with equal expertise in labor laws and constitutional rights.
  • Emotional Mitigation: Legal counsel removes the burden of navigating hostile workplace inquiries, allowing the employee to focus on their criminal defense and mental well-being.
  • Mitigating Long-Term Damage: Lawyers can often negotiate “neutral references” or voluntary resignations even if a return to the job is impossible, protecting the employee’s future employability.

How a Lawyer Helps Navigate the Legal Process

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One of the most important ways a lawyer helps is by managing disclosures to an employer. By carefully reviewing the employment contract, company policies, and any applicable laws, a lawyer can determine exactly when disclosure is required and how much information must be shared with HR. This prevents unnecessary or premature admissions that could be misunderstood, used against the employee, or interpreted as an admission of guilt before the legal process has run its course.

A lawyer also assists in challenging inaccurate background checks, which are common when criminal charges are still pending. If a background screening agency reports incomplete or incorrect information, legal counsel can initiate a formal dispute under the Fair Credit Reporting Act (FCRA). This process requires the agency to investigate and correct any errors within 30 days, helping to ensure that employment decisions are not based on false or misleading records.

In addition, a lawyer can negotiate interim employment measures that are far less damaging than immediate termination. Instead of losing a job outright, legal counsel may be able to secure alternatives such as a suspension with pay, a temporary leave of absence, or reassignment to a non-sensitive role while the criminal matter is pending. These negotiated solutions help preserve income, benefits, and long-term career prospects during a period of legal uncertainty.

Finally, a lawyer provides critical advocacy if an employer takes unlawful action. If an employee is terminated based on a blanket policy that penalizes arrests rather than convictions, legal counsel can file a charge with the Equal Employment Opportunity Commission (EEOC). This challenges discriminatory practices and holds employers accountable for policies that unfairly impact workers, particularly when those policies disproportionately affect protected groups.

Need Defense For Wrongful Termination?

When an employee has pending charges and as a result of this, he faces the possibility of termination from his company, the entire process and details involved can be complicated and overwhelming. This article provides a detailed description of the rights of the employee and the procedures to follow in order to achieve the best possible result. 

At Mercer Legal Group, we have a team of employment lawyers who represent workers who have endured wrongful termination, discrimination, pay disputes and retaliation. We offer empathetic, proactive legal representation to help you navigate the difficult situations and strive to get the best outcome for you, whether we settle or we try your case. Don’t let pending charges lead to the unfair termination of your employment. Contact us today for a free consultation let us protect your job, defend your rights and fight for justice together.

FAQs

Navigating the process of wrongful termination and all the procedures involved would be too complicated and stressful for an employee without the assistance of an employment lawyer. Here are some of the frequently asked questions and their answers.

Can an employer fire you for pending charges if you are innocent?

Yes, in most U.S. states with “at-will employment,” an employer can generally fire you for pending criminal charges, even if you’re innocent, as they can terminate employment for almost any non-discriminatory reason, but they should act reasonably, considering the job, company policy, and laws (like FCRA/EEOC), to avoid wrongful termination claims

What are the rights of an employee with pending charges?

An employee with pending charges has right to fair process, including being heard, having an impartial investigation, and not being dismissed solely due to charges.

Can an employer fire you for pending charges even if they are unrelated to the job?

Yes, in the U.S., employers can often fire you for pending, unrelated criminal charges, especially in at-will employment states, because they can terminate for almost any non-discriminatory reason, including loss of trust or reputational damage, even you’re innocent until proven guilty in court.

What are the potential costs involved if I am fired due to pending charges?
If fired due to pending charges, your potential costs include immediate loss of income & benefits, legal fees for your defense, emotional stress & related medical costs, and potential difficulties in future employment. While the employer might face costs for wrongful termination lawsuits (back pay, damages) if they mishandle the process, but they can often legally fire you if the charges affect job performance or safety, though they must follow fair procedure

Simon Moshkovich

Simon Moshkovich, the Founding Partner and Chief Executive Officer of Mercer Legal Group, received his law degree and business degree from the New York University School of Law and the New York University Leonard N. Stern School of Business. He graduated summa cum laude from the University of Southern California, where he received his Bachelor of Arts in Economics.
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