Can I Lose My Job for a Misdemeanor?
Having a job is essential to maintaining a stable lifestyle. However, what happens if you commit a misdemeanor offense? Will it impact your employment status? The simple answer is yes, a misdemeanor conviction can jeopardize your job.
Understanding Misdemeanors
Before diving deeper into the consequences of having a misdemeanor, it is essential to understand what exactly a misdemeanor is. According to the law, a misdemeanor is a criminal offense considered less severe than a felony. misdemeanors typically carry minimal to moderate punishment, ranging from fines, community service, and probated sentences to imprisonment for up to one year.
Consequences for Employers
Employers must take measures to ensure compliance with relevant laws and policies. In the case of a misdemeanor conviction, some employers may review personnel files, conduct exit interviews, or even make internal investigations.
Direct Consequences:
Consequences | Actions Employers Typically Take |
---|---|
Revocation of privileges | Withholding company transportation, laptop, or vehicle access |
Conducting Internal Investigations | Meeting with the employee, manager, or HR to document the situation |
Documenting Records | Keep a detailed record of misconduct, investigation, and employment action |
Transfer or Suspension | Relocalizing duties, suspension for a period, or reassigned job duties |
Termination | In egregious cases, immediate termination on the grounds of misconduct. |
Indirect Consequences:
Impact on Employees | |
---|---|
Poor Work Environment | Muted work relationships, increased supervisor scrutiny |
Potential Legal Actions | Potential suing for lost wages, retribution, or breach of contract |
Criminal Record | Public notoriety, limited work opportunities in the future |
Increased Supervision | Unwanted scrutiny leading to potential re- classification of role |
What Factors Determine Employment Implications?
Employer policies and procedures vary case-by-case. Key consideration factors are:
- Employment contracts, which often specify misconduct repercussions.
- Background checks: Companies conducting screening may become aware of outstanding charges.
- Work-related issues: Can the conviction directly impact company operations?
- Severity and nature of charge: Are there circumstances the employer needs to address concerning public perception or liability potential?
- Experienced management: Manager knowledge, awareness, and professionalism in addressing the situation vary.
- Type of offense: Will employment actions escalate, such as due to allegations of dishonest or violence.
Protective Measures:
Employing individuals convicted of a misdemeanor, while having legal obligations under employment law, must handle situations in a way the employer believes best to the organization.
Guided Steps for Employers to Follow:
- Confidentially Notify HR/Management: Identify the specific offense and situation, if applicable.
- Conduct Reasonable Inquiries: Only ask about relevant, reasonably related aspects of the charged offense, without asking accusatory or leading questions.