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Can you fire someone because they are incarcerated?
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Can you fire someone because they are incarcerated?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
If an employee becomes incarcerated and doesn't know when they will be able to return to work, can they be terminated? What are the proper procedures for terminating them?
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Forums » Topic Forums » Legal Forum » Can you fire someone because they are incarcerated?
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Can you fire someone because they are incarcerated?
posted at 6/15/1999 10:07 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
It's safer not to terminate because they are incarcerated, but because they are unable to get to work. Unless by policy or contract, you have no obligation to hold a job open on an open-ended basis, and it becomes an attendance issue. |
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Can you fire someone because they are incarcerated?
posted at 6/15/1999 5:52 PM EDT
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Posts: 38
First: 6/9/1999 Last: 10/26/2004 |
In part, the answer to this question will depend on state law. In some states, an employer may not use the fact of arrest to take disciplinary action against the employee. As Jim suggests, however, usually the employer can take disciplinary action because an employee does not show up for work. Remember -- A employee's FIRST duty to his or her employer is to show up! |
Forums » Topic Forums » Legal Forum » Can you fire someone because they are incarcerated?
