Can You Lose Your Job If You’re Arrested?

You’ve been arrested. Now you’re worried about more than just the criminal charges—you’re wondering if your employer can fire you for getting arrested.

The fear is real. You need your job to pay bills, support your family, and afford legal representation. Losing your income on top of facing criminal charges could be devastating.

Let’s look at how arrests affect employment and what you can do about it.

Can an Arrest Cost You Your Job?

Yes, you can lose your job if you’re arrested in California.

Most employees work “at-will,” meaning employers can terminate employment for nearly any reason, including arrest. However, California law provides some protections, particularly if you’re arrested but not convicted.

Your employment status depends on your job type, employer policies, union agreements, and whether your arrest directly impacts your ability to perform your job duties.

At-Will Employment in California

California is an at-will employment state. Under California Labor Code § 2922, employers can terminate employees for any lawful reason or no reason at all, with or without notice.

This means your employer can fire you for:

• Being arrested (even if charges are later dropped)
• Missing work due to being in custody
• Negative publicity affecting the company
• Concerns about workplace safety
• Violation of company policies

The at-will doctrine gives employers broad discretion. Unless you have a contract, union agreement, or fall under specific legal protections, your job security after arrest is limited.

Legal Protections Against Wrongful Termination

While California is an at-will state, employers cannot fire you for illegal reasons. Several laws provide limited protection for arrested employees.

Arrest Without Conviction

California Labor Code § 432.7 prohibits employers from asking about arrests that didn’t result in a conviction. However, this law primarily applies during the hiring process, not to current employees.

If you’re arrested but charges are dismissed or you’re acquitted, your employer cannot later use that arrest as a reason for adverse employment decisions in most cases.

Discrimination Based on Protected Characteristics

If your arrest is connected to a protected characteristic, termination might be discriminatory. Under the California Fair Employment and Housing Act (FEHA), employers cannot fire you based on:

• Race
• Religion
• National origin
• Disability
• Age
• Sexual orientation
• Gender identity

For example, if you were arrested at a protest related to your religious beliefs and fired because of those beliefs, that could constitute illegal discrimination.

Retaliation for Protected Activity

Employers cannot fire you for engaging in legally protected activities, even if those activities led to your arrest. Protected activities include:

• Reporting workplace safety violations
• Filing workers’ compensation claims
• Reporting wage theft or labor law violations
• Whistleblowing on illegal company practices

If your arrest stemmed from these activities, termination might be retaliatory and illegal.

Industries and Jobs With Stricter Standards

Some professions face automatic or near-automatic job loss after arrest due to licensing requirements, professional standards, or employer policies.

Jobs Requiring Professional Licenses

Many licensed professionals must report arrests to licensing boards. These include:

Healthcare Workers

Nurses, doctors, pharmacists, and other medical professionals licensed by the California Department of Consumer Affairs must report arrests. The licensing board can suspend or revoke licenses pending investigation.

Teachers and School Employees

The California Commission on Teacher Credentialing requires arrest reports. Schools often place teachers on administrative leave during pending cases.

Attorneys

The State Bar of California requires attorneys to report arrests within specified timeframes. Moral turpitude offenses can result in license suspension or disbarment.

Real Estate Professionals

The California Department of Real Estate investigates arrests of licensed agents and brokers, particularly for fraud, theft, or violence-related charges.

Law Enforcement and Security

Police officers, correctional officers, and armed security guards face immediate administrative leave or termination following arrest. These positions require clean records and public trust.

Financial Services

Banks and financial institutions conduct regular background checks. Federal law prohibits convicted felons from working in banking. Arrests for theft, fraud, or financial crimes typically result in immediate termination.

Transportation Jobs

Commercial drivers (CDL holders) face license suspension for certain arrests, particularly DUI. Even if your employer doesn’t fire you, you cannot perform your job duties without a valid license.

Government Employees

Public sector jobs often include morality clauses and conduct standards. Government employers may have more leeway to terminate based on arrests due to public trust requirements.

How Employers Typically Learn About Arrests

Your employer won’t necessarily know about your arrest immediately, but they’ll likely find out eventually through several channels.

Missing Work

If you’re held in custody and miss work without calling in, your absence raises red flags. Employers will investigate unexplained absences.

Background Checks

Many employers conduct periodic background checks on current employees, particularly in sensitive positions. Your arrest will appear on these checks.

Media Coverage

High-profile arrests or cases involving public figures often receive news coverage. Employers monitoring media mentions of their company or employees will discover arrests quickly.

Coworker Reports

If coworkers learn about your arrest, word spreads. Someone will likely inform management, whether out of concern or gossip.

Required Disclosure

Some employment contracts and company policies require employees to report arrests within specified timeframes. Failing to report when required can result in termination for policy violation, separate from the arrest itself.

Steps to Protect Your Employment After an Arrest

While you cannot guarantee job security after arrest, you can take steps to minimize employment consequences.

Get Released From Custody Quickly

The longer you’re in jail, the more work you miss. Post bail as soon as possible, or have your attorney argue for release on your own recognizance.

Missing one or two days might be excusable. Missing a week raises serious concerns.

Communicate With Your Employer Appropriately

If you must miss work due to being in custody, have someone contact your employer on your behalf. A family member or attorney can notify them you’re dealing with a personal emergency without providing details.

Don’t provide more information than necessary until you’ve consulted with your attorney.

Fight the Criminal Charges Aggressively

The best way to protect your job is to get charges dismissed or reduced. Employers are more concerned about convictions than arrests.

Work with your criminal defense attorney to build the strongest possible defense. A case dismissal or acquittal removes the most significant threat to your employment.

Document Your Job Performance

If you fear termination, document your positive work performance. Save emails praising your work, performance reviews, and records of completed projects.

If you’re fired and suspect illegal discrimination or retaliation, this documentation supports wrongful termination claims.

Understand Severance and Unemployment Benefits

If terminated, review any severance package carefully before signing. Severance agreements often include releases waiving your right to sue for wrongful termination.

You may also qualify for unemployment benefits depending on termination circumstances, even after arrest.

Protecting Your Job After an Arrest

Can you lose your job if you’re arrested? Unfortunately, yes. But with strategic planning and aggressive defense of your criminal charges, you can minimize employment consequences.

At The Nieves Law Firm, we understand that protecting your freedom means protecting your livelihood. We work quickly to secure your release from custody, fight to get charges dismissed or reduced, and help you manage the collateral consequences of arrest.

Don’t let an arrest destroy everything you’ve worked for. Contact us today at The Nieves Law Firm for a complimentary consultation. Let’s discuss whether you can lose your job if you’re arrested and how we can protect both your case and your career.