Being arrested for a crime you did not commit happens more often than you may believe. Police officers need probable cause to arrest someone. Probable cause means there are sufficient facts and circumstances to believe that a crime has been committed.
If you know that you are not guilty of the crime you are arrested for, you might fight to prove your innocence and succeed. But the criminal process takes time.
Unfortunately, sometimes people, including employers, automatically associate an arrest with guilt. Even if you are ultimately found not guilty of the crime or your charges are dismissed, you could lose your job because of the initial arrest.
At-will employment
New Jersey is an at-will employment state, which means that an employer does not need to provide a reason for firing an employee or they can fire them for almost any reason at all.
Although it is generally legal for your employer to fire you because of an arrest, whether you are fired depends on various factors. If you have been with your employer a long time and have a good reputation, your employer might be willing to wait to see the outcome of the charge.
The type of crime is another factor. Your employer may be willing to overlook a misdemeanor, such as disorderly conduct, but not a more serious or violent crime, such as assault or battery.
Getting out of jail
Logistical considerations may also result in job loss. An arrest for a minor charge could cause you to spend a few hours in jail. You could potentially not even miss a day of work due to the arrest.
Arrests for more serious charges could mean more time in jail. You could potentially not receive bail.
In that case, even if your employer would not fire you for the arrest itself, they could fire you for violating an attendance policy.
Do not hide your arrest from your employer
You are more likely to keep your job if you are honest about the situation. If you are worried about losing your job or how an arrest can impact your career, seek advice immediately.