Will I Lose My Job if I’m in Jail Awaiting Trial?
Getting arrested and going to jail is scary enough, but many people also worry about losing their job if they are stuck behind bars awaiting trial. Unfortunately, there’s no simple yes or no answer. Whether you’ll be fired likely depends on your specific situation.
First off, if you’re wondering “can my employer fire me if I’m in jail awaiting trial?” – the short answer is yes. Unless you have an employment contract stating otherwise, most private sector employees are considered “at will” in the U.S. This means your employer can fire you for any reason or no reason at all, as long as it’s not discriminatory. So being in jail, even if you haven’t been convicted yet, is generally a valid reason for termination.
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That said, getting arrested or going to jail does not automatically mean you’ll lose your job. Here are some factors that may influence whether you can keep your job if you end up in jail awaiting trial:
Type of Job
Some jobs are more understanding of legal issues than others. For example, construction companies and restaurants often don’t do extensive background checks and may be willing to hold your job if you’re a reliable employee. White collar and corporate jobs will likely take a harsher stance.
Length of Absence
If you only miss a few days of work while in jail awaiting bail or arraignment, you’re less likely to be let go than if you’re in jail for months awaiting trial. Some employers may be willing to grant leave or temporarily reassign duties until you’re released.
Employer Policies
Many large companies have policies on termination and leave for incarcerated employees. Government contractors in particular tend to have zero tolerance rules. Small businesses often decide on a case-by-case basis.
Nature of Charges
The specific charges against you will also be a factor. An employer may not want someone accused of theft, embezzlement or violent crimes to continue working for them, even if the charges haven’t been proven yet.
Employee Value
Essentially, how much does your employer value you and your contributions? If you’re in a specialized, hard-to-fill role, they may be motivated to hold your job. For positions that are easy to fill, employers have less incentive to be accommodating.
State Laws
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A handful of states do offer some protections for employees who are incarcerated awaiting trial. For example, Illinois law says employers can’t fire someone who is jailed for less than 14 days before conviction. But laws like this are the exception, not the norm.
Asking for Leave
If keeping your job is crucial, you may want to consider asking your employer for an unpaid leave of absence or personal leave while you are in jail awaiting trial. This gives them the option to hold your job without paying you for the time being.
The best approach is to be proactive. Ask for the leave time as soon as possible before or after being jailed; don’t wait for your employer to come to you. Explain the situation calmly and emphasize your desire to return to work once it’s resolved. Offer to check in periodically or have a friend provide updates on your case.
Unfortunately, most U.S. employers are not legally required to grant leave for incarceration. But it shows you’re making an effort to preserve the job and can set you apart from employees who just stop showing up. It may buy you some goodwill and extra time.
Using Paid Time Off
If you have paid vacation, sick days or personal time accrued, you may be able to use it to get paid while you’re in jail temporarily. This can help you avoid losing income and demonstrate you still value your job. However, most employers require advance notice to use PTO, so this option only works if you’re able to give notice before being incarcerated.
Unemployment Benefits?
Can you collect unemployment if you’re fired for being in jail? Unfortunately, probably not. In most cases, being terminated for misconduct – which includes being jailed – makes you ineligible for unemployment benefits. But a few states like California may allow partial benefits if you’re only out of work a short time before the charges are dropped or you’re acquitted. It varies by state law.
Avoiding Financial Disaster
Losing your income while in jail can spell financial disaster. Here are some options to help avoid money problems if you do lose your job:
- Ask family or friends for help with bills/expenses
- Borrow money from retirement accounts or life insurance
- Get a public defender to help reduce legal costs
- Negotiate with creditors for reduced payments or delayed due dates
- Apply for welfare, food stamps and Medicaid if you qualify
- Consider selling assets (car, electronics, etc) for cash
Having an emergency fund or savings to tap into is wise if you have any concerns about possible jail time. Even a few hundred dollars can help pay bills until you find a new job.
Getting Rehired After Jail
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If you do lose your job when jailed awaiting trial, it doesn’t necessarily mean you’ll never work for that employer again. You may be able to get rehired down the road if you part on good terms.
Once your case is resolved, immediately notify your former employer of the outcome. Provide court documents and be transparent. If you were acquitted or had charges dropped, emphasize your innocence.
Don’t assume you’re blacklisted. Follow up periodically to check for open positions, and reapply as soon as a suitable role becomes available. Getting rehired after being fired for jail time can happen, but it takes persistence and proving you’re still a worthwhile employee.
Having an employment lawyer review the specifics of your termination can also help determine if you have any legal recourse to get reinstated after being released, especially if state law provides protections.
The Bottom Line
There are no guarantees when it comes to keeping your job after being jailed awaiting trial. Most employees can be terminated for any reason. But being proactive, talking to your employer, and taking steps to preserve your income can help mitigate the damage if you do lose your job.
With the right approach, you may be able to take a leave of absence, use PTO, get rehired later, or find alternate income sources. Handled carefully, a jail stay doesn’t have to mean career and financial ruin.
https://www.employmentlawhandbook.com/federal-employment-and-labor-laws/flsa/state-wage-payment-laws/illinois/#6
https://www.nolo.com/legal-encyclopedia/collecting-unemployment-benefits-california-32504.html
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