If you were recently arrested and your employer found out, you may be worried about losing your job. Can they fire you just because of an arrest? What are your rights?
Many people in Illinois don’t realize that state law protects employees from unfair treatment based on their criminal history. If your employer is threatening to fire you over an arrest, you may have legal options to fight back.
This guide will explain your rights under Illinois law, what to do if you’re facing job discrimination, and how our law firm can help you take action.
Can Your Employer Fire You for Being Arrested?
No, in most cases, your employer cannot fire you simply because you were arrested. Under the Illinois Human Rights Act (IHRA), employers are not allowed to discriminate against employees based on an arrest record.
There is an important difference between an arrest and a conviction:
- An arrest does not mean you are guilty – it just means you were taken into custody while the police investigate.
- A conviction means you were found guilty in court.
Illinois law says that employers cannot fire, refuse to hire, or take other negative actions against employees just because they were arrested.
Example:
Michael, a retail worker, gets arrested for a crime he didn’t commit. He is released without being charged, but his employer finds out and tells him he’s fired. This is illegal Michale’s arrest alone is not a valid reason for termination under Illinois law.
What If You Have a Criminal Conviction?
Unlike an arrest, a conviction can sometimes affect employment. However, under Illinois law, employers cannot automatically fire you for a past conviction.
In 2021, Illinois strengthened protections for people with criminal records. Under the Illinois Human Rights Act, employers can only fire or refuse to hire someone for a conviction if they follow a strict process:
1. The conviction must be directly related to the job.
- Example: A bank may have a valid reason to deny employment to someone convicted of financial fraud, but not to someone with a decades-old DUI.
2. The employer must consider several factors, including:
- The nature of the crime
- How much time has passed
- Whether you’ve rehabilitated
- Whether the conviction actually impacts your ability to do the job
3. The employer must give you a written notice explaining why they think the conviction is relevant to your job and give you a chance to respond.
If your employer fired you because of a conviction without following these steps, they may have broken the law.
Example:
Sarah, an office worker, has a 10-year-old conviction for drug possession. She has had no issues at work, but when her employer finds out about the conviction, they fire her immediately. This is illegal – her employer must consider whether the conviction is actually related to her job before taking any action.
What to Do If Your Employer Is Threatening to Fire You
If your employer has told you they are considering firing you because of an arrest or a past conviction, you need to act fast to protect your job.
1. Do Not Quit Your Job
If you quit voluntarily, you may lose the ability to challenge the termination later. Stay calm and keep going to work unless your employer officially fires you.
2. Ask for a Written Explanation
Your employer must provide a written explanation if they are firing you because of a past conviction. If they refuse or if they are firing you over an arrest, this is a red flag that they may be breaking the law.
3. Document Everything
- Keep copies of emails, letters, or messages from your employer related to your arrest or criminal record.
- If your employer makes verbal statements about firing you because of your arrest or conviction, write them down with dates and details.
- Save any performance reviews or positive work history that show you were a good employee before the arrest.
4. Contact an Attorney Immediately
If your employer is firing you for an arrest or improperly handling a conviction, you may have a legal claim for discrimination. You could be entitled to reinstatement, back pay, or other damages.
Our law firm specializes in employment discrimination cases. We can evaluate your situation, explain your rights, and take legal action if necessary.
Why Employers Violate the Law
Many employers do not understand Illinois law and assume they can fire someone just for having an arrest or conviction. Others knowingly break the law, assuming employees won’t fight back.
Some common illegal employer actions include:
- Firing or disciplining someone for being arrested
- Using a background check to automatically disqualify employees without an individualized review
- Failing to provide written notice before firing someone for a conviction
- Refusing to consider rehabilitation or other positive factors
If your employer has done any of these things, they may be violating Illinois law, and you could have a legal case.
How Our Law Firm Can Help
We have helped many employees fight back against unfair job discrimination based on arrest records and past convictions. Here’s what we can do for you:
- Review your case for free to see if your employer broke the law
- Demand reinstatement if you were wrongfully fired
- File a legal complaint against your employer for discrimination
- Help you recover lost wages and damages if you were illegally fired
Losing your job because of an arrest or past conviction can be devastating – but Illinois law is on your side.
If your employer is trying to fire you unfairly, don’t wait. Contact our law firm today for a free consultation, and let’s fight for your rights.