Can You Get Fired for Being Arrested? How to Keep His Job

Can you get fired for being arrested in Alabama? Yes, an employer can let someone go after an arrest, because most Alabama jobs are at-will, meaning either side can end the job at any time. What usually costs the job, though, is the shift he misses while he sits in jail. The fastest way to keep his job is to get the bond posted tonight and call his boss before his next shift starts.

Call 205-401-8052. Bail Bonds of Alabama answers 24 hours a day.

Key takeaways

• Alabama is an at-will state, so an employer can legally end a job after an arrest.
• Federal EEOC guidance says an arrest by itself does not prove anyone did anything wrong.
• A missed shift with no call is the most common way an arrest turns into a lost job.
• At the Jefferson County Jail, release typically takes 5 to 6 hours after the bond is posted.
• Court dates and release conditions have to fit into his work schedule from day one.

Can you get fired for being arrested in Alabama?

Yes. Alabama is an at-will state. Alabama courts have said a job without a contract can end "for a good reason, a wrong reason, or no reason" (Howard v. Wolff Broadcasting Corp., Alabama Supreme Court, 1992). So an employer can let him go after an arrest, and in most cases the law allows it.

There are a few places to look for more protection. A written job contract or a union agreement can set its own rules. In some cases an employee handbook is clear enough to count as a contract (Hoffman-La Roche v. Campbell, Alabama Supreme Court, 1987). Pull up his handbook tonight and read the attendance and conduct sections.

Federal guidance helps too. The EEOC's 2012 guidance on arrest records says, "The fact of an arrest does not establish that criminal conduct has occurred," and that turning someone away over an arrest alone is not job related. The same guidance also lets an employer act on the conduct behind an arrest if it makes him unfit for the job.

Some jobs carry their own rules. Nursing, commercial driving and work that needs a security clearance can have their own rules on reporting an arrest. Check his licensing board or his handbook.

Whatever his handbook says, the sooner the bond starts the better: call 205-401-8052.

Why the missed shift is the bigger danger

The usual way an arrest costs a job is a no-call, no-show: a missed shift with no word to the employer. Employers expect notice before someone misses work. A man in a holding cell usually has no way to call his supervisor. If he missed work because he was in jail and nobody called, the absence looks like he walked away. Calling in falls to you.

The risk grows with every hour he stays inside. One national study, NBER Working Paper 22511 from 2016, looked at people held in jail before trial in courts in other cities and found that pretrial detention "decreases formal sector employment." In plain words, people who stayed locked up while they waited for court were less likely to keep a regular paycheck afterward.

That is why the first night matters so much. The hours before release are the hours you can still use: to find the right jail, start the bond, and reach his boss before anyone marks him absent.

Call us now and the bond can start before his next shift is due.

How fast can he get out and get back to work?

Think of release as two clocks. The first is posting the bond, our part, at any hour. The second is the jail's own release process. At the Jefferson County Jail, release typically takes 5 to 6 hours after the bond is posted, and the jail controls that part. Read how long release takes for what happens in those hours.

Here is why speed on the first clock matters. Say he is booked late Friday night and works at 7 a.m. Saturday. Post the bond at 2 a.m. and the jail's 5 to 6 hours can decide whether he makes that shift. If the bond waits until 9 a.m., the shift is already gone.

First, confirm which jail has him. Find an Inmate links every jail we serve, and our Jefferson County Jail guide shows how to search both divisions at once. Then sign from wherever you are. Our Virtual Bail Office™ handles the whole initial bail bond from your phone, tablet or computer, and our No Jail Visit Guarantee means we post the bond at the facility for you.

If he was arrested without a warrant and bail is still unset, Rule 4.3 requires a judge or magistrate to decide probable cause, a sound legal reason for the arrest, within 48 hours.

Give us his name and the jail at 205-401-8052 and we start tonight.

What should you tell his boss?

Call before his shift starts, even if he is still inside. A short call today beats a long explanation next week.

Keep the message short and true. Say he has a personal legal matter, he is safe, and you will call back with a return time as soon as he is released. Skip promising a set hour. The jail sets the release time, so "today" or "as soon as he is out" is the honest answer.

Leave the details of the case out of the conversation. What happened, who said what and why he was arrested are all topics for his lawyer. His boss needs to know when he will be back at work.

Then check his handbook for a rule about reporting arrests. Some employers ask workers to report any arrest within a set number of days, and licensed or driving jobs can have stricter rules. When he gets home, he can follow up himself.

Once his boss knows, call us and we will handle the bond while you handle the rest.

Does his job matter when bail is set?

Yes. When an Alabama judge decides bail, Rule 7.2 lets the court consider "the defendant's employment status and history," including whether he works in the county where the alleged offense occurred. The same rule lists family ties and people in the community who will vouch for him.

Why would a judge care about his job? Under the same rule, a judge decides whether release will reasonably make sure he comes back to court. A regular job, a home address and family close by all tie him to the area. Each one is a reason to believe he will show up.

That makes a steady job something his lawyer can raise at a bond hearing, the hearing where a judge can review or change bail. His lawyer makes that argument to the judge. Our job starts once the amount is set.

Once bail is set, we post it any hour: 205-401-8052.

How does he hold on to his job after release?

Getting out is the first step. Staying out and staying employed means following the release order. Under Rule 7.3, every Alabama release order requires him to show up for court, commit no new crime, stay in Alabama unless the court gives permission to leave, and report any change of address.

There is a new rule as of October 1, 2026. He must give the court an email address and a cell phone number so it can send court notices by email and text, and he must update them if they change. A shut-off phone or a new number is an easy way to miss a court date.

A judge can also add conditions, such as limits on travel or a rule to return to custody after set hours. If his job means driving out of state or working nights, he should ask his lawyer before he takes that run or that shift.

Court dates usually land on weekdays. Have him tell his employer the day he gets the date, so the time off is planned. A missed court date can lead to a failure to appear warrant and put him right back in jail.

Questions about what the bond requires? We answer them 24 hours a day.

Why staying out matters on a case he plans to fight

If he plans to fight a felony charge, a bail bond that gets him out first lets him keep his job and pay a defense attorney over time. The job is what pays for the lawyer, so keep both.

These cases take time. In our experience, the grand jury and pretrial process on a felony takes at least 24 months, and since COVID often 36 to 60 months. That is a long time to hold a job together, and every paycheck counts.

The same NBER study also found that being held before trial "significantly increases the probability of a conviction, primarily through an increase in guilty pleas." That is research about other courts, and it says nothing certain about his case. It does show why time at home with his lawyer matters.

The bond itself costs a fee of 10 to 15% of the bail amount in Alabama. The fee pays for the bond and stays with us when the case ends. We offer creative financing upon approval, with 0% interest if paid in full within 12 months. Read about our payment plans.

Ask about creative financing, upon approval, when you call 205-401-8052.

Frequently asked questions

Is it legal to fire someone over an arrest in Alabama?

Usually, yes. Most Alabama jobs are at-will. A contract, union agreement or handbook can add protection, and federal EEOC guidance says an arrest alone does not prove criminal conduct.

Can you get fired for going to jail and missing a shift?

Yes, and the missed shift is often the bigger risk. Call his supervisor before the shift starts with a short, honest message, and get the bond started right away.

Do you have to tell your employer you were arrested?

It depends on the job. Check the handbook for a rule on reporting arrests. Licensed jobs such as nursing or commercial driving can have their own rules. Save the case details for his lawyer.

How fast can he get out of jail and back to work?

At the Jefferson County Jail, release typically takes 5 to 6 hours after the bond is posted. We post bonds 24 hours a day, so the earlier you call 205-401-8052, the earlier that clock starts.

Can he leave Alabama for work while out on bond?

Every Alabama release order bars leaving the state without the court's permission. If his job needs out-of-state travel, he should talk to his lawyer and get permission from the court first.

Where to go next

• How to bail someone out of jail, step by step
• Arrests & Jail Release and Find an Inmate
• Bail bonds in Jefferson County, Shelby County and St. Clair County

Bail Bonds of Alabama has served Jefferson, Shelby and St. Clair Counties since 2014. One call. That's all. Call 205-401-8052, 24 hours a day.

This article is general information about jobs, arrests and release in Alabama. It is not legal or employment advice. For advice about a specific case or job, talk to a licensed Alabama attorney.