Facing criminal charges in Iowa is a stressful and uncertain time. Beyond the immediate legal implications, one of the most pressing concerns for many individuals is the potential impact on their employment. The short answer to "Can I lose my job if I'm facing criminal charges?" is a nuanced "it depends." While an arrest or even a charge doesn't automatically mean termination, the reality is that criminal proceedings can significantly jeopardize your professional standing.
The "At-Will" Employment Landscape in Iowa
Iowa is an "at-will" employment state. This means that, in most cases, an employer can terminate an employee for any reason, or no reason at all, as long as it's not an illegal reason (such as discrimination based on protected characteristics). This "at-will" status grants employers considerable leeway when an employee is facing criminal charges.
Factors Your Employer Will Consider
Several factors can influence an employer's decision:
Nature of the Charges: The type of crime you're accused of plays a significant role. A charge for embezzlement or theft might be viewed very differently than a minor traffic infraction, especially if your job involves handling money or sensitive information. Charges involving violence or moral turpitude can also be particularly damaging.
Job Responsibilities: If the criminal charges directly relate to your job duties or pose a risk to the workplace, your employer is more likely to take action. For example, a commercial driver charged with OWI (Operating While Intoxicated) could immediately lose their driving privileges, making them unable to perform their essential job functions.
Company Policy: Many companies have specific policies regarding criminal conduct or arrests. These policies might dictate suspension, an internal investigation, or even immediate termination upon certain types of charges or convictions. Familiarize yourself with your employee handbook.
Public Perception/Reputation: For some businesses, particularly those in customer-facing roles or with a strong public image, an employee facing criminal charges can be a significant reputational risk. Employers may act to protect their brand.
Conviction vs. Arrest/Charge: While an arrest or charge can trigger employer action, a conviction is often a more definitive turning point. Some companies may suspend an employee pending the outcome of a case, while others may wait for a conviction before terminating.
Background Checks: If your job requires periodic background checks or if a new background check is performed as part of a review, active criminal charges will likely appear.
Professional Licensing and Certifications
Beyond your employer, certain professions require licenses or certifications (e.g., healthcare, law, finance, education). Many licensing boards have strict rules about criminal charges and convictions, which can lead to suspension or revocation of your ability to practice, regardless of your employment status.
What You Should Do
Understand Your Rights: While Iowa is an at-will state, it's crucial to understand your specific employment contract and company policies.
Do Not Lie: If confronted by your employer, honesty is generally the best policy, within the bounds of not incriminating yourself. Lying can be grounds for termination, regardless of the outcome of your criminal case.
Seek Legal Counsel Immediately: This is perhaps the most critical step. An experienced criminal defense attorney can advise you on how your charges might impact your employment, guide you through interactions with your employer, and, most importantly, vigorously defend you against the charges themselves. A strong defense aimed at dismissal or acquittal is your best protection for your job and your future.
Talk to Our Iowa City & Davenport Criminal Defense Attorneys
Navigating criminal charges is a complex process with far-reaching consequences. Protecting your employment and professional future requires a proactive and strategic approach. Don't face these challenges alone.
If you are an Iowa resident facing criminal charges and are concerned about your employment, contact Keegan, Tindal & Jaeger today. Our experienced team of Eastern Iowa trial attorneys understands the intricacies of Iowa law and is dedicated to achieving the best possible outcome for your case.
Call us at (319) 499-5524 for a confidential consultation.
