Although it may not have been the motivating factor in the decision, the New England Patriots decision to release Aaron Hernandez following his Wednesday, June 26, 2013 arrest for murder allow the team to avoid problems with Massachusetts law on criminal records. Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01 makes it illegal for an employer to ask certain questions about a job applicant’s or employee’s criminal record. Employers may not ask about, maintain a record of, or base any employment decision on an arrest or prosecution that did not lead to a conviction. Similarly, Employers may not base any employment decision on any record of a court appearance which has been sealed under state law.
If the Patriots had decided to suspend Hernandez pending the outcome of the criminal charges and then the charges against Hernandez were dismissed, Massachusetts law makes it illegal to terminate an employee based on an arrest that did not lead to a conviction.
By terminating Hernandez while criminal charges are still pending against him, the Patriots avoid the limitations of Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01.