@asuffield said:
They are allowed to fire you for being intoxicated while at work, and they can perform drug tests to determine whether you are. They can't do anything while you're at home. Note that if you shoot up in the morning, you're probably still intoxicated when you get to work, and they can object to that.As for illegal activities in general, there are very strict laws on this: you cannot be fired for any crime that you were acquitted of, and there is an explicit list of crimes that you can be fired for committing; a company is not allowed to do anything, or even ask anything, about any crime not on that list. The same rules apply to refusing to hire somebody - if it's not on the list, they can't consider it, and they can't ask whether you've ever done it.
("Flying planes into buildings" isn't a specific crime, so it would depend what, if anything, you were charged with)
I have to disagree here. Many people have been fired for failing drug tests because they happened to be chosen for random testing after smoking a few joints at a party the night before. If the company has a published anti-drug policy and a drug testing policy (whether random or not) and you fail a drug test, I don't know of anywhere in the US that would prohibit the company from firing them.
You can also be fired for simply being charged with a crime, whether or not you're convicted. When I was much younger (~23), I was arrested for possession of a single joint, spent the Thanksgiving weekend in jail because I was arrested on Wednesday night and the courts weren't open on Thursday or Friday, and was then sentenced to time served and six months probation. This was while I was in Southern California.
About four months or so later, my wife (who was in upstate New York visiting some family) called in a panic; my infant son had suddenly gotten really sick, and the doctors were afraid he might die. I packed my stuff and left for New York in a hurry, not thinking about notifying my probation officer.
When I missed the probation appointment a few days later, and they couldn't find me, a warrant was issued for my arrest for violation of probation.
My son eventually recovered, but we ended up staying in New York because my wife was more comfortable with her family around. Since my six months was long over, I never thought anything about the probation.
Fast forward two years, when I accidentally let my NY State annual vehicle inspection sticker lapse. One morning on the way to work (a job I'd had for two years and received several promotions/raises/positive evaluations), I was pulled over because of the expired sticker by an extremely alert State Trooper.
When he ran my license and registration, he returned to the car and asked for my Social Security Number. When I gave it to him, he had me get out of the car and arrested me for the probation warrant and a charge of "interstate flight to avoid prosecution".
I was taken to the State Trooper Barracks and one arm was handcuffed to a ring in the floor. I spent about an hour talking to an Investigator (detective equivalent) and was then transported to the County Jail, where I spent the night.
Apparently the Investigator was impressed with my attitude, the fact I'd never been in any other trouble, a talk he had with my immediate supervisor, and the circumstances for leaving CA. He apparently called the District Attorney there, and the DA decided to dismiss the charges and rescind the warrant. I was released from jail the day following my arrest, with no criminal charges, no finding of guilt, nothing.
My Board of Directors (one level above my supervisor, the Executive Director) discussed firing me because the story of my arrest (and the subsequent story of my release) were published in the local newspaper. My company and position were also mentioned, and they felt it was bad publicity for the agency.
The only reason I wasn't terminated was that both the Executive Director and two ranking Board Members voted that what happened did not affect my job performance. It was a really close call, though.
I've also worked places where, if you'd ever been charged with a felony, you were ineligible for employment. If you lied, and they found out later, you were immediately fired. No legal repercussions for this policy, ever, to this day.