Could I Lose My Job Following a Domestic Violence Arrest in Fort Lauderdale?

An arrest for domestic violence carries a significant stigma. Even if Florida prosecutors ultimately drop the charges, or a jury acquits the defendant following a trial, the mere allegation can still follow a person for months or years. This can lead to additional consequences outside the scope of the criminal justice system, such as possible adverse action from the suspect’s employer.

Ex-Jaguars Player Suspended 5 Games Following Dismissal of Domestic Violence Case

Consider this recent story involving a professional football player with the Arizona Cardinals. In 2023, police in Jacksonville arrested the player on suspicion of domestic violence. According to news reports, a woman accused the player, then with the Jacksonville Jaguars, of scratching her during an argument over the custody of their common child. In March 2024, however, the State Attorney’s office announced it decided not to pursue criminal misdemeanor charges against the player.

Despite the favorable resolution of the player’s criminal case, he nevertheless faced additional disciplinary action from the National Football League. In August 2024, the NFL suspended the now-Cardinals player for five games as punishment for violating the league’s “personal conduct policy.” According to the terms of that policy, “It is not enough simply to avoid being found guilty of a crime in a court of law.” A player is still subject to suspension if they are the subject of a “criminal proceeding” involving accusations of actual or threatened violence, including domestic violence.

At-Will Employment, Morals Clauses, and Domestic Violence Accusations

You might think the NFL’s policy is unfair. But in many respects, the player in the story above was actually in a better position in terms of his employment than many other people accused of domestic violence in Florida. The NFL’s personal conduct policy is the product of a negotiated collective bargaining agreement with the union representing the players. As such, the player was entitled to a certain amount of internal due process, including the right to appeal the suspension to the NFL commissioner.

For most Florida workers, there are no such protections. Keep in mind, Florida is an “at-will” state when it comes to employment. This means that unless you have a written employment contract (or collective bargaining agreement) with an employer, that employer is free to fire you at any time with or without a reason. This means, among other things, that an employer could fire you outright following a domestic violence arrest without waiting for the disposition of any criminal case.

Even in cases where you do have a written employment contract, there is likely some form of “morals clause” that grants the employer the right to terminate your employment with cause for a domestic violence arrest. Such clauses often cover situations where an employee’s actions could be seen as “tarnishing” the company’s reputation. And depending on the specific language used, the employer may not need to wait for a criminal conviction before acting.

So if you have been accused of domestic violence, you need to act quickly to preserve not just your freedom, but also your reputation and possibly your employment. Our Fort Lauderdale domestic violence defense lawyers are here to help. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.

Source:

nfl.com/news/cardinals-wr-zay-jones-suspended-five-games-for-violating-nfl-personal-conduct-policy