The podcast that explores the world of work through the lens of the law. Hosted by attorneys Stefano Trifirò, Mariapaola Rovetta Arici, and Jacopo Moretti – Trifirò & Partners Avvocati.
Today we address a topic that is as delicate as it is intriguing:
Can an employee be dismissed if they are sent to prison?
The answer isn’t as straightforward as it may seem. Incarceration—serious as it is—is not, in itself, a breach of contract. However, it can lead to a temporary inability to perform work duties and, under certain circumstances, this may constitute valid grounds for dismissal due to objective justification.
This is the key point: imprisonment can make the employee “temporarily unusable,” and in some situations, the employer may legitimately decide to terminate the employment relationship. But there is no hard and fast rule. Judges require a concrete, case-by-case evaluation that considers numerous variables, and there is no obligation for redeployment (so-called repechage).
Moreover, there have been rulings that deemed such dismissals unlawful, especially when they were based on “unauthorized absence” despite the worker having provided prior notice or documentation.
In summary: incarceration can justify dismissal—but not always. And if the employer proceeds on grounds of just cause, the disciplinary action must be clear, timely, and consistent.
