HELP MY BROTHER GOT ARRESTED CAN HE GO BACK TO HIS JOB???

Question

I have a very important question my brother and i got in a fight and the neighbors called the cops and when they came they arrested him for assaulting me. He is an employee of as a teacher assistant of a school district and didn't show to work for 3 days for being arrested for a fight that we had. I plan to testify in court that we were having family issue and got out of hand and i do not want to press charges..soo my question is can he go back to work? how can it be explained? since its not a criminal matter or a major offense and that its a fight between a brother n a sister??? this is his second year working at the school he has great evolution from the teacher he works with so help???!!!? can he get his job back? what should he do when he gets out?

Answer 1

Well if he hasn't been convicted of anything he is not obligated to report it. He is innocent until proven guilty right? I lost a job because I volunteered information. If they ask tell them the truth. If not he needs to keep his mouth shut.

Answer 2

He or someone should have called the school and advised them that he was going to be out "family emergency" or similar.. now on the day of the court.. it all depends if he is charged or not (found guilty) is he is found guilty.. then it depends on the guilty version.. guilty of what? then check the school board to see they allow an employee to have this on his record. if yes they allow him.. I would have a good conversation with the principal if neccesary and explain things,, he/she will have the final word if he will be allowed back..

3 Days no show usually mean= You are Fired.

Good luck.. OHH if this is going to trial, even if you are not pressing charges, I would hire an attorney and try to have it trown out of court.

Michael...

Answer 3

"I plan to testify in court that we were having family issue and got out of hand"

If "got out of hand" means "assault", then you'll be testifying for the prosecution.  A "family issue" basically includes every horrific and tragic domestic violence case.  Your characterization is irrelevant as long as the elements of the charge pressed match the facts of the case without any reasonable doubt to the contrary.

"i do not want to press charges."

Family members very often don't want to.  

Too bad that the notion of a private civilian "pressing charges" or "dropping charges" is a legal and administrative fiction straight out of TV.  No civilian presses valid criminal charges or drops them - that decision is made by the prosecutor.

"soo my question is can he go back to work?"

Probably never.  There is such a thing as wrongful termination, but in the real world, there are many more reasons that are correct for a boss to fire somebody than there are reasons that he cannot.  His boss may not want to take a chance on somebody with a possibly violent streak - he has the right (if not duty) to worry about how he'll deal with children.

"since its not a criminal matter"

If he was arrested, then he has a criminal case, and his employer (see above) has the right to act accordingly.  What happens if something like this reoccurs in school?  How's the district to respond when asked why it allowed a man previously arrested for assaut to have a position of responsibility over children?  It was a minor assault, and a minor assault isn't so bad?

"has great evolution from the teacher he works with so help"

Does the evaluation cover his behavior in trying schoolroom settings?  If so, give it a shot, but there's no guarantees.

Answer 4

You do understand that, unless he gets help and works very hard at change, the chances are very, very high that he'll break the law again, right?  If I were the principal of the school, he'd likely lose his job.  I don't care if the fight was between your brother and himself, assault is not to be tolerated.

Answer 5

Probably should have called the school 3 days ago to say he wouldn't be coming in for a few days. You usually get fired for no call and no show.