Yes, it is possible to lose your job if you have an active warrant. While the specific outcome depends on several factors, an outstanding warrant can pose significant risks to an employer and may lead to termination.
Having a warrant means there's an official order for your arrest, typically due to missed court appearances (bench warrant) or probable cause that you committed a crime (arrest warrant). The discovery of such a warrant by an employer can raise concerns about reliability, safety, legal compliance, and the company's reputation.
How a Warrant Can Impact Your Employment
The impact of a warrant on your employment status often hinges on whether and how your employer discovers it, as well as the nature of the warrant itself.
Discovery of the Warrant
Employers may become aware of a warrant through various means:
- Background Checks: Warrants can appear on certain types of employment background checks. The likelihood of a warrant showing up depends on the scope of the search conducted (e.g., county-level, statewide, national), the specific jurisdiction where the warrant was issued, and the nature of the warrant. If a warrant surfaces during a background check, employers typically follow specific procedures before making any adverse decisions, such as not hiring an applicant. For a current employee, if a new background check is conducted or the information becomes public, similar principles apply.
- Arrest or Public Information: An employee being arrested, especially if it occurs at work or becomes public knowledge, will directly alert the employer to the warrant.
- Voluntary Disclosure: While not legally required unless company policy demands it, an employee might choose to disclose the warrant to their employer.
Factors Influencing Job Loss
Once an employer is aware of a warrant, their decision to terminate or take other action will depend on several key factors:
- Type and Severity of the Warrant:
- Arrest Warrant: Typically for more serious criminal allegations, these pose a higher risk to employers.
- Bench Warrant: Often issued for failure to appear in court or non-payment of fines. While less severe than an arrest warrant for a new crime, it still indicates an unresolved legal issue.
- Nature of the Underlying Offense:
- Is the warrant related to a violent crime, theft, fraud, or a less severe misdemeanor? The perceived threat or risk to the workplace, co-workers, or customers will significantly influence the employer's decision.
- Relevance to Job Duties:
- Does the offense underlying the warrant relate to the employee's specific job responsibilities? For instance, a warrant for embezzlement would be highly relevant to an employee handling finances.
- Does it impact the employee's ability to perform essential job functions, maintain necessary licenses, or operate company vehicles?
- Company Policy:
- Many companies have policies regarding criminal conduct, arrests, or warrants. These policies may outline disciplinary actions, up to and including termination, for employees found to have active warrants or to be involved in criminal activity.
- Industry and Employer Type:
- Certain industries (e.g., childcare, healthcare, finance, security) have stricter requirements regarding employees' criminal records due to regulatory compliance or the nature of the business.
- Employers dealing with sensitive information or vulnerable populations may have lower tolerance for employees with active warrants.
- Employment-at-Will:
- In many U.S. states, employment is "at-will," meaning an employer can terminate an employee for almost any reason, provided it's not discriminatory or illegal. An active warrant, especially if it poses a legitimate business concern, generally falls within these permissible reasons.
- Legal Considerations:
- Employers must still adhere to laws like the Fair Credit Reporting Act (FCRA) if using background checks, which mandates specific procedures (e.g., providing notice and an opportunity to explain) before taking adverse action. State and local laws, such as "Ban the Box" initiatives, primarily regulate the timing of inquiring about criminal history during the hiring process, but they do not typically prevent an employer from acting once an active warrant or criminal activity is discovered for a current employee.
Employer's Perspective and Considerations
Employers consider several factors when deciding how to handle an employee with a warrant:
- Safety and Security: An active warrant, particularly for a serious offense, can raise concerns about workplace safety for other employees and customers.
- Reputational Risk: An employer's public image can be damaged if it becomes known that they employ someone with an active warrant, especially if the underlying offense is severe.
- Reliability and Trust: An outstanding warrant can indicate that an employee might be unreliable (e.g., needing to attend court, potentially being arrested) or untrustworthy.
- Legal Liability: Depending on the nature of the warrant and the employee's role, the employer might face legal liability if they knowingly retain an employee who poses a risk.
Summary of Factors Influencing Job Loss with a Warrant
| Factor | High Risk of Job Loss | Lower Risk of Job Loss (but still possible) |
|---|---|---|
| Type of Warrant | Arrest warrant (serious crime) | Bench warrant (missed court, minor offense) |
| Discovery | Discovered through arrest, public record, or specific background check relevant to the job | Discovered through broad check for a minor, old issue |
| Underlying Offense | Violent crime, theft, fraud, sex offense | Minor traffic violation, old misdemeanor (non-violent) |
| Job Relevance | Direct impact on job duties, trust, safety | No direct relevance to job functions |
| Company Policy | Clear policy against active warrants/criminal involvement | Lenient policy or no specific policy |
| Industry | Regulated industries (finance, healthcare, childcare) | Less regulated industries, roles with less public interaction |
| Resolution Status | Warrant active, unaddressed | Warrant being actively addressed or in process of resolution |
What to Do If You Have a Warrant
If you have an active warrant, the most critical step is to address it legally. Ignoring a warrant will not make it go away and will likely lead to an arrest at an inconvenient time.
- Seek Legal Counsel: Consult with an attorney immediately. They can advise you on the specific warrant, its implications, and the best course of action to resolve it.
- Understand Your Rights: An attorney can also help you understand your rights concerning employment and background checks.
- Address the Warrant: Work with your attorney to clear the warrant through the proper legal channels. This might involve appearing in court, paying fines, or negotiating with prosecutors.
While an active warrant can put your job at risk, proactively addressing the legal issue is the best way to mitigate potential negative employment consequences and avoid further complications.
