Quantcast

Should an Employer be legally be able to fire an employee for being Criminally charged?

Waiting 2010/03/14 21:53:18
Yes, they should be able to fire you before you are proven guilty.
No, you are supposed to be innocent until proven guilty.
None of the above
You!
Add Photos & Videos
Keep in mind I not talking convicted, simply charged and assuming there is no other reason you can not work.
Add a comment above

Top Opinion

  • Bye =) 2010/03/16 15:17:27
    None of the above
    Bye =)
    +2
    ok they shouldnt because the have no eviddence and they shouldnt do that because it dosent affect you work ablity or anything and like you realy shouldnt do that cause the y are goin to pay the price if they did it

Sort By
  • Most Raves
  • Least Raves
  • Oldest
  • Newest
Opinions

  • jenlduu 2010/03/20 21:55:48
    No, you are supposed to be innocent until proven guilty.
    jenlduu
    +1
    Everyone is innocent until proven guilty. A person should be able to sue a company that dismisses them on those grounds. What happens when the person is proven innocent? Is the company then going to hire that person back. Hell no!!!!
  • Waiting jenlduu 2010/03/20 22:35:07
    Waiting
    +1
    Thanks, I agree.
  • jenlduu Waiting 2010/04/09 05:00:03
    jenlduu
    +1
    Glad to her that.
  • Waiting jenlduu 2010/04/09 14:42:04
    Waiting
    +1
    Problem is that I was fired.
  • jenlduu Waiting 2010/04/09 20:09:26
    jenlduu
    +1
    I hope you take them to court for firing you for no reason.
  • Waiting jenlduu 2010/04/09 21:17:55
    Waiting
    +1
    Part of the plan once I get the criminal charges dealt with.
  • Bye =) 2010/03/16 15:17:27
    None of the above
    Bye =)
    +2
    ok they shouldnt because the have no eviddence and they shouldnt do that because it dosent affect you work ablity or anything and like you realy shouldnt do that cause the y are goin to pay the price if they did it
  • Waiting Bye =) 2010/03/16 16:46:09
    Waiting
    Thanks for your answer.
  • Beltazar 2010/03/16 01:02:31
    None of the above
    Beltazar
    +1
    The full situation will need to be cleared up and opened up to really get down to the nitty gritty part.. Generally speaking an employer just can't find anyone w/out a good reason.. Now, being arrested for something and charged w/ that altercation is completely different from being accused of something.. So technically, just cause you are accused of something the constitution states that you are not guilty until proven so... Now, Depending on the criminal charge that is issued still doesn't mean that you will automatically get fired for it, or not hired for it.. And, also, just because you were charged for something, but you were not CONVICTED of the crime also plays a role... Being Charged and Convicted of a crime are technically 2 different things.. One can be charged w/ many things while if there is no conviction you do not have to state it on your work application.. You can simply state you were charged but never convicted and that is the end of that.. While if you are convicted of a crime you do have to state the specific details..
  • Waiting Beltazar 2010/03/16 03:13:01
    Waiting
    +1
    Generally when you are charged you are called the accused. That is what it means.
    I agree that if you are convicted the employer may have good reason to fire you.
    I am not suggesting you have to tell them, often they simply find out or are told.
  • Ghostlyhaunt 2010/03/15 19:49:48
    None of the above
    Ghostlyhaunt
    +1
    If you fail to disclose your criminal background to an employer and say that employer is in a position that having a criminal background is a risk to the safety of others then yes. If you disclose your background upfront and they still hire you but later have a change of heart then no..
  • Waiting Ghostly... 2010/03/15 23:16:54
    Waiting
    +2
    I am not talking about a criminal background. I am talking about allegations. They are totally different.
  • Ghostly... Waiting 2010/03/15 23:45:12
    Ghostlyhaunt
    +1
    criminally charged... say a person was employed and committed the crime of rape, arrested and charged but awaiting trial. Depending on the policies and procedures of whatever company the person who was charged was employed at, say in this case an amusement park as a balloon seller. The employer, based on their policies and procedures and state labor laws should be legally able to remove you from their employment because whether or not the allegations are true that employee might pose a risk to their place of business. The employer isn't worried about your stress, or the fact that you will be unemployed, your stress is not their stress. (is this more what you were asking?)
  • Waiting Ghostly... 2010/03/15 23:53:33
    Waiting
    +2
    That is more what I am talking about yes. I realize that the employer who obviously like to get rid of you in that case. From my point of view it is just wrong as the accused who may of done nothing wrong is being treated like a criminal.
  • Ghostly... Waiting 2010/03/16 00:01:45
    Ghostlyhaunt
    +1
    True that is an unfortunate side effect, but the employer is looking more at it's clientele and the effect it may pose if this person who was charged remained. Although it may happen it might also be that once the allegations turn out to be false and the persons cleared of all actions they now have cause to sue for lost wages or whatnot.. or simply be reinstated.
  • Waiting Ghostly... 2010/03/16 00:10:45 (edited)
    Waiting
    +2
    trying to sue for lost wages can be tough. Normally at best you could get an amount equal to the legally required notice period.
    Unless it was a unionized job.
  • Ghostly... Waiting 2010/03/16 00:15:03
    Ghostlyhaunt
    +1
    well some is better than none.. and being let go for something you didn't do, was never proven, I would think would hold more weight in front of a judge.

    An excellent question to start with..
  • Waiting Ghostly... 2010/03/16 00:26:05
    Waiting
    +2
    Thanks :)
  • jenlduu Waiting 2010/03/20 22:02:27
    jenlduu
    +1
    Yes many in this county jump to false conclusions about people being accused every day. They have the person tried and found guilty in the court of opinion.
  • Waiting jenlduu 2010/03/20 22:35:41
    Waiting
    +1
    Exactly.
  • jenlduu Waiting 2010/03/20 22:00:23
    jenlduu
    +1
    Unfortunately now days anyone can make false accusations against anyone at any time and then the person being charged has to spend money they don't have going to court and their life is a mess. One should be able to sue the hell out of the accuser once found innocent.
  • Waiting jenlduu 2010/03/20 22:36:06
    Waiting
    +1
    I agree and sue the police as well if they jump the gun.
  • jenlduu Waiting 2010/04/09 05:01:19
    jenlduu
    +1
    The police have been sued many times for false arrest but it doesn't seem to stop them any.
  • Waiting jenlduu 2010/04/09 14:43:46
    Waiting
    Sadly.
  • Chuck 2010/03/15 19:12:16
    No, you are supposed to be innocent until proven guilty.
    Chuck
    +1
    They shouldn't be able to but sadly most employers can if they want to.
  • Waiting Chuck 2010/03/15 23:17:28
    Waiting
    +1
    Ya, sad. So much for innocent until proven guilty.
  • jenlduu Waiting 2010/03/20 22:04:42
    jenlduu
    +1
    Employers could care less. They don't want to be bothered if a employee has a personal problem of any kind especially if it means any kind of accusation of wrong doing.
  • Waiting jenlduu 2010/03/20 22:36:31
    Waiting
    +1
    Often that is very true.
  • halebobbdotcom 2010/03/15 05:14:14
    Yes, they should be able to fire you before you are proven guilty.
    halebobbdotcom
    +1
    Should YOU be able to hire and fire people to work on your home for any reason you choose? How about if government made it a crime for you to stop shopping at a particular supermarket after you've been shopping there for some arbitrary time?
  • Waiting halebob... 2010/03/15 17:39:40
    Waiting
    +1
    That is completely different. Firing someone removes their livelihood.

    If a large group of people choose to boycott a particular store because the owner was say black, I would think that would be wrong and should be prosecuted.

    If someone was fired for being black I would also consider it wrong.

    In this case a person who obviously is going to be under stress over the charges, possibly extreme stress is also going to have to deal with loosing a job and possibly for the same reason getting a new job. if the person is innocent then it seems horribly wrong.
  • jenlduu Waiting 2010/03/20 22:07:28
    jenlduu
    +1
    Yes it is wrong but when it comes to making money in this country that will always be the first consideration. You are supposed to be a loyal employee but the company you work for does not have to return the favor.
  • Waiting jenlduu 2010/03/20 22:36:48
    Waiting
    +1
    Yes :(
  • HL 2010/03/15 04:25:24 (edited)
    No, you are supposed to be innocent until proven guilty.
    HL
    +1
    Know one has proven you committed a crime, what about mistaken identity, or some jerk wants to see you in trouble. You lose your job because of this?
  • Waiting HL 2010/03/15 17:40:09
    Waiting
    +1
    People have many times. I am one of them.
  • Merl 2010/03/14 22:22:54
    None of the above
    Merl
    +2
    Without knowing the situation an informed opinion cannot be created. I have fired an employee who was arrested and never charged with a crime because they failed to show up for work and didn't call. When I found out what the situation was I did not hire them back. It was not due to their arrest that they were fired.
  • Waiting Merl 2010/03/14 22:30:05
    Waiting
    +2
    I understand, but could you answer the question?
  • Merl Waiting 2010/03/14 22:33:42
    Merl
    +2
    then Yes on first glance.
  • Waiting Merl 2010/03/14 22:36:55
    Waiting
    +2
    I see, that seems very unfair.
  • Merl Waiting 2010/03/14 22:41:59
    Merl
    +2
    Welcome to life! nothing is fair and you're delusional if you think it ever can be.
  • Waiting Merl 2010/03/14 22:44:21
    Waiting
    +2
    I realize it isn't. I just like to try and get it as close as possible.

See Votes by State

The map above displays the winning answer by region.

News & Politics

2014/04/19 17:25:30

Hot Questions on SodaHead
More Hot Questions

More Community More Originals