A drug charge brings employees to a standstill, followed by the fear of losing your career, your income and your professional standing. Will your employment survive while the case unfolds? That generally depends on several key factors: your profession, employer policies and the specific allegations involved.
Employment at-will and contractual obligations
Under the at-will employment doctrine, most Kansas and Missouri employers can generally terminate an employee at any time for almost any reason, provided the reason is not illegal discrimination. A drug charge, especially for a high-level professional, often gives the employer a non-discriminatory reason to fire you.
Your employment contract may also contain a “moral turpitude” clause or a provision allowing termination for criminal charges, even before a conviction. If you hold a sensitive position, or if the employer thinks the charge compromises your ability to do the job, they can take adverse action based only on the arrest.
Separate threat of professional licensing boards
For doctors, nurses, lawyers, accountants and other licensed professionals, the danger is doubled. Even if your employer stands by you, your professional licensing board may not.
In both Kansas and Missouri, a licensing board can initiate an investigation based on a criminal arrest. They may demand that you self-report the charge. Failing to do so is typically an independent violation, which can lead to disciplinary action regardless of whether you ultimately win the criminal case.
A professional license is often suspended or revoked if the alleged crime is deemed “substantially related” to your job duties. This board action usually leads directly to job termination.
Taking proactive steps to protect your position
Fighting a drug case requires two separate legal strategies: one for the criminal court and one for the licensing board. The second strategy involves immediate, proactive measures to show your employer and the licensing board that you remain fit to practice. These steps include gathering evidence of your continued professional competence and demonstrating responsibility.
It is equally important to coordinate a defensive strategy carefully with your attorney to avoid harming your criminal case. You cannot risk losing everything simply by waiting for the courts to decide. You need a defense team focused on preserving both your freedom and your livelihood.
