Can You Be Fired for a Criminal Conviction?

Can You Be Fired for a Criminal Conviction?

Facing a criminal conviction is daunting enough without the added stress of worrying about your job security. Many employees in Michigan find themselves asking, “Can I be fired for a criminal conviction?” This post aims to answer that question, offering valuable insights, practical tips, and a better understanding of your rights and options.

Understanding Michigan Law

Michigan operates under the doctrine of at-will employment, which grants employers the authority to terminate an employee at any time and for any reason or even for no reason at all. However, this principle is juxtaposed with the stipulation that such terminations must not be discriminatory. In other words, according to the U.S Equal Employment Opportunity Commission, while an employer retains broad discretion in employment decisions, they cannot dismiss an employee based on protected characteristics such as race, gender, age, disability, or other categories safeguarded by federal and state laws. Understanding this legal framework is crucial for employees, as it delineates the boundaries of permissible and impermissible grounds for termination, providing clarity on their rights and avenues for recourse.

Can You Be Fired?

The simple answer is yes— Michigan’s at-will employment laws allow employers to legally fire you for your criminal conviction, especially if they have sound reasons and can prove you are not being fired based on discriminatory motives. For instance, if you are required to serve time in jail, your employer is under no legal obligation to hold your position until you are released. Even if incarceration is not involved, your employer can soundly terminate your employment if the nature of the conviction demonstrates that you are unfit to perform your job duties. For example, a conviction for fraud can be grounds for dismissal if you work in the financial sector, as such a conviction directly undermines the trust and integrity required for such positions.

What Can You Do?

Even if you are an at-will employee and can be dismissed based on your criminal record, there are steps you can take to protect yourself and potentially keep your job. Firstly, it’s essential to disclose any pending charges or convictions to your employer as soon as possible. Being transparent about your situation shows honesty and integrity and may mitigate any adverse impacts of the conviction on your employment. Additionally, showcasing a commitment to rehabilitation and making positive changes in your life can demonstrate to employers that you are taking responsibility for your actions and are a valuable asset to the company. Furthermore, you can explore options such as seeking counseling or joining rehabilitation programs to show your commitment to self-improvement.

Seeking Legal Advice

If you are concerned about losing your job due to a criminal conviction, it’s always best to seek legal advice from an experienced criminal defense lawyer. These professionals can review your case and provide personalized guidance on protecting yourself and your employment rights. Additionally, a criminal defense lawyer can assist in negotiating with your employer or representing you in court if necessary.

Final Thoughts

While the prospect of being fired for a criminal conviction is undoubtedly worrying, it’s essential to understand that options are available. By understanding Michigan’s at-will employment laws, being transparent with your employer, and seeking legal advice, you can take proactive steps towards protecting your job and moving forward from this challenging situation.

If you are navigating the complexities of employment law in Michigan and need legal guidance, do not hesitate to contact Lucido & Manzella, P.C. Our experienced attorneys are dedicated to protecting your rights and providing you with the insightful advice and robust representation you need.