Is it wrongful termination to be fired while in jail.if they were notify n.trafic volation

UPDATED: Oct 1, 2022

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Is it wrongful termination to be fired while in jail.if they were notify n.trafic volation

My son was arrested for driving while
Suspended.was in holding for two weeks
then went to court and got out.the job
was notify and updated on a regular by
me.we work at the same job when he got
out they terminated him for no call no

Asked on December 19, 2017 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is definitely NOT wrongful termination. Your son missed work (2 weeks); the law does not make employers retain employees who do not go to work regardless of the reason. It is not the employer's concern why he missed work, whether it is jail, health reasons, a family crises, or simply taking an unplanned vacation: all that matters to the employer is that you show up for and do your job. Remember: employment is employment at will; employees may be terminated at any time for any reason, which includes missing work due to imprisonment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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