🧾 Can I Be Fired in Florida for a Crime if the Case Is Still Pending?
If you’ve been arrested for and charged with a crime in Florida, you may wonder: “Can I be fired for a crime pending in Florida before I’m even convicted?” Unfortunately, in many cases, the answer is yes.
Florida is an at-will employment state, which means employers have broad discretion to terminate employees—even while a case is still pending.
Here’s what you need to know if you’re facing criminal charges and concerned about your job.
⚖️ What Is At-Will Employment in Florida?
Under Florida law, most employment is at-will—meaning your employer can fire you:
- At any time
- For nearly any reason
- Without advance notice
- Even if you haven’t been convicted of a crime
You likely signed an at-will agreement when you were hired, which gives your employer this right. So if your employer believes the criminal charge reflects poorly on their organization, they can terminate your employment—even while your case is unresolved.
🤔 Do You Have to Tell Your Employer About an Arrest?
It depends on your profession and your company’s policies.
📌 You must report your arrest if:
- You work in law enforcement, education, childcare, or other regulated professions
- Your employee handbook or contract requires it
- Your arrest causes you to miss work or violate workplace policies
If you’re unsure, review your employment documents or consult an attorney. Failing to report an arrest when required could be seen as dishonesty or misconduct.
💼 Could Honesty Work in Your Favor?
In many cases, yes. Being transparent and proactive may help you maintain your job—or at least build trust with your employer. If your employer finds out about the arrest later, it may cause more harm than if you’d told them directly.
A criminal defense lawyer can help you craft a professional explanation if disclosure is necessary.
📌 Related: 👉 Will a Theft Charge Affect Your Future Job in Florida?
🚨 Can You Sue If You’re Fired While a Case Is Pending?
Possibly—but only in limited situations.
Because of Florida’s at-will laws, most people cannot sue simply because they were terminated after being charged. However, you may have a valid claim if:
- The firing was based on discrimination (e.g., race, religion, gender, disability)
- The employer violated your employment contract
- You were fired for exercising a legal right, like taking medical leave
If you believe your case involved discrimination or wrongful termination, consult an attorney immediately.
🛡️ Contact Michael White, P.A. for Criminal Defense Help
At Michael White, P.A., we understand that a criminal charge doesn’t just affect your record—it affects your career and livelihood. We help clients across Fort Lauderdale and South Florida defend against charges and navigate the real-world fallout, including job loss or employment-related concerns.
📲 Call (954) 270-0769 or schedule your free consultation to protect your rights—and your future.
💬 Frequently Asked Questions: Employment and Criminal Charges in Florida
Q1: Can I be fired in Florida if I’m only charged with a crime, not convicted?
A: Yes. Florida is an at-will employment state, meaning employers can terminate you for almost any reason—even while your criminal case is still pending.
Q2: Do I have to tell my employer if I get arrested in Florida?
A: It depends on your job. If you work in law enforcement, education, childcare, or another regulated industry—or your employment contract requires it—you must report the arrest.
Q3: Can my employer fire me without giving a reason?
A: Yes. In most cases, Florida employers don’t need to give a reason to terminate your employment, unless you’re protected by a union contract or specific employment agreement.
Q4: Can I sue my employer for firing me after an arrest?
A: Possibly. While most terminations after arrests are legal, you may have a claim if the termination was based on discrimination or violated your employment contract.
Q5: What should I do if I’ve been fired after being arrested?
A: Contact a criminal defense lawyer immediately. An attorney can help protect your legal rights, advise you on how to proceed, and evaluate whether you have a potential claim for wrongful termination.