If you live and work in California and are arrested, your employer may learn about your legal matter. Employers are permitted to conduct background checks on job applicants and employees, which can include information about an individual’s criminal history. If your employer conducts a background check and your arrest is part of your criminal record, they could find out about it through this process.
Additionally, suppose you are arrested and booked into jail. Depending on the circumstances, your employer might find out about the arrest if law enforcement notifies them or if media reports circulate information concerning the matter. Other and often typical sources of information about an employee’s arrest may be word-of-mouth, gossip from within the office, or other sources of rumors and social media.
It is necessary to note that not all employers will necessarily find out about an employee’s arrest, and the specific circumstances will depend on various factors. However, it is critical to be aware of the potential risks and consider how to handle such a position between yourself and your employer or another coworker if it emerges. If you are concerned about the potential impacts that news of an arrest can have on your employment, presently or in the future, it may be wise to consult with an attorney who can provide advice and guidance on your rights and options.
Do I have to disclose to my current employer that I have been arrested?
Under California law, employers are generally prohibited from asking job applicants about arrests that did not result in convictions. However, if an employee has been convicted of a crime, the employer may be allowed to inquire about the sentence and take appropriate action. It’s important to note that this law applies only to job applicants and not current employees, so an employer may not ask a current employee about an arrest unless it is directly related to the job or the workplace. Employers must be mindful of laws protecting employees who have been arrested but not convicted of any crime or awaiting deliberation on pending charges.
What California laws apply to such situations?
California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against job applicants or employees based on their arrest or conviction record, with some exceptions. Under the FEHA, employers are generally not allowed to ask job applicants about arrests that did not result in convictions. Employers may ask an applicant about previous convictions and take appropriate action or make decisions based on those convictions if the applicant has been convicted of a crime.
California Labor Code 432.7 restricts employers from inquiring about previous arrests that did not materialize into convictions, sealed records, expunged convictions, minor marijuana charges deemed as non-felonies past two years old, asking about juvenile legal matters, or participating in diversion programs. In addition, employers should keep in mind that an arrest is not proof or admission of guilt to an offense and that violating pertaining CA labor codes and federal laws can result in penalties and lawsuits.
What may be considered appropriate action with a current employer regarding arrests?
Some circumstances warrant an employer’s action, such as legally terminating an employee. However, employers must still follow all state and federal laws regarding termination. For example, they cannot fire you because of your race, religion, gender, or disability. Additionally, they must provide due process, giving you notice of the termination, an opportunity for an internal investigation to be conducted, and for you to explain your side of the events before taking action,
An employer or company’s response to an employee who has been arrested or convicted of a crime will depend on the type of offense and its possible relation to or impact on the workplace. In some cases, the employer may be able to take disciplinary action, up to and including termination or paid/unpaid leave, particularly when the employee’s actions have put the safety of other employees or the business itself at risk. Another possibility is for the employer to provide the employee with additional training or support to prevent similar future incidents.
Employers should carefully review and consider all aspects of an employee’s arrest, reflect on the employee’s history at the company, and evaluate the impact the event may have on the business and its effect on other employees or clientele. In addition, they should consider any additional circumstances connected to the arrest and the employee before taking action. Unfortunately, it is not uncommon for employers to act hastily, with bias, or prejudice, when they learn that an employee has been arrested.
Consequences of an Arrest and Contacting an Attorney
Whether or not an arrest affects employment depends heavily on its nature. Employers are less likely to take significant action against minor offenses. Your employer might fire you or take other disciplinary action if the matter is a serious crime, such as a felony. Furthermore, depending on the nature of the offense, your employer may be required to report the arrest to certain state or federal agencies.
If you fear your arrest will be disclosed to your employer or believe you are being discriminated against or unfair action has been taken, contact a skilled California employment law attorney specializing in protecting clients’ employment rights.
An attorney can help you understand your legal rights as an employee and advise you on the most appropriate way to proceed. Additionally, they can help you negotiate with your employer on your behalf and work to protect your job and reputation. Schedule a confidential and free consultation with an experienced California employment law attorney.
