Being arrested for a marijuana-related offense can create concerns that extend beyond the criminal justice system. Often, the individual is worried that their employer will find out and that their job will be at risk.
While a marijuana arrest doesn’t automatically mean you’ll lose your job, there could be consequences depending on your circumstances, your employer’s policies and the nature of your work. Understanding the impact a marijuana arrest can have on your employment can help you make informed decisions about what you need to do to protect your future.
Arrest vs. conviction
Wisconsin is considered an “at-will” employment state, meaning an employer can terminate an employee for any reason, provided the reason is not prohibited by law (such as protected class status or retaliation). In some situations, an employer may decide to terminate an employee after learning of a marijuana arrest, especially if there are concerns about workplace safety, company policies or the employee’s ability to perform their job duties.
Wisconsin has protections for arrest records. The law generally prohibits employers from discriminating against applicants or employees just because they have been arrested.
There are exceptions based on the circumstances surrounding the arrest and on whether they are related to the individual’s job responsibilities. For example, if the arrest is for conduct that raises concerns about the employee’s compliance with workplace policies, the employer may have grounds to take action.
However, an arrest is not the same as a conviction. Being arrested does not mean you have been found guilty of a crime. A conviction, on the other hand, can create serious employment consequences, and employers may consider that when making employment decisions, if the offense can affect their job duties.
Individuals with professional licenses, such as health care workers, educators and commercial drivers, may face additional challenges after an arrest or conviction. They may be required to disclose such information to the licensing board, which may conduct an independent review to determine if disciplinary action is appropriate.
If you have been arrested for a marijuana-related offense, it’s crucial to act quickly. Contact a legal representative who can evaluate the charges, identify potential defenses and work toward minimizing the impact on your employment and professional career.
