Originally Posted by
greentips
Probably he can't be fired for being arrested, but I do believe he has an obligation to show up for work. Since he's presently incarcerated, that makes meeting a work obligation a tad difficult. I don't know a single employer that can't/won't dismiss an employee for not showing up for work. I don't know why the TSA management doesn't understand this. I'm pretty sure that this situation is not covered under the FMLA.
Something similar happened at my company, a large Fortune 500 firm with about 20k employees. A guy got arrested on a felony, fairly serious. He was terminated two days later. He technically wasn't terminated for the arrest, he was terminated for job abandonment. The guy couldn't make bail and company policy was if you miss more than two days without a valid excuse then you're gone. Now even if he had made bail I'm sure they would have fired him anyway, but this gave them a convenient excuse.