Question: An employee who was working restricted duty as an accommodation under the Americans with Disabilities Act (ADA) was arrested and isn’t able to come to work until further notice. Can we fire the employee now for attendance reasons, or do we have to wait until he is out of jail?
The answer to your question may be different depending on which state law is controlling. Some states have passed legislation that protects an employee’s involvement in legal activities outside of work or in situations where merely an arrest and no conviction has occurred. In South Carolina, for example, you can’t terminate an employee for using tobacco outside of work. So, check first to see if any state law may affect your decision.
