There's no doubt that it's a pretty bad day when you've been arrested, but it can get even worse when the boss finds out.

Just how, exactly, do you explain to the boss that you've been thrown in jail or charged with a crime? Do you lie about it? Pray he doesn't hear about it? Hope you're not seen doing the perp walk on television?

Or do you come clean, admitting to the boss that you are guilty of the crime and hoping he will understand and forgive you — and not fire you?

All those thoughts and more probably will cross your mind, just as dozens of thoughts will cross the boss's mind when he finds out any employee has had a run-in with the law. Does he fire a valuable worker? What offense can — or should — be forgiven? What are the legal ramifications of your continuing to work with others?

One person familiar with all those issues is Sean McDevitt, a partner with Pepper Hamilton LLP in Philadelphia who specializes in labor law.

"There are not any hard and fast rules in these cases," McDevitt says. "You kind of have to feel your way through every situation."

For example, federal or state laws, or union agreements, may prevent a boss from just firing an employee who has been arrested. Also entering the equation is the nature of the crime and the place of employment. A company like Walt Disney, for example, might immediately put an employee who has been arrested on administrative leave, because someone charged with a crime can create adverse publicity against such a family-friendly business.

Smaller operations may be more lenient with employees, since mom-and-pop operations often are closer to employees and may be more understanding and supportive of an accused employee.

"The biggest mistake employers make is acting too quickly and without legal advice," McDevitt said. "Once you make the decision, the die has been cast."

He also advises the same for an employee who has been arrested: Get legal advice before saying anything to an employer.

"If you get busted and you have a policy at work that says you must tell (the boss), then that's what you've got to do," he says. "But if you can stay silent, you might be able to fly below the radar and keep him from finding out. ... "

"You've got to think, however, about how your boss would want to find out about your arrest. Does he want to hear it from you, or from someone else?"

McDevitt warns employees to be cautious about what they say to a boss or anyone at work. "Whatever you say to the boss might be used in your trial — it might be seen as an admission of guilt, depending on what you say," he says. "That's why from the time of your arrest, you should be getting advice from a criminal defense lawyer."

The best thing to do when talking to your boss is to ask him to withhold judgment until the facts come out, McDevitt says.

Also, the kind of charge may play a role. McDevitt says that companies are more tolerant of alleged crimes involving poor judgment, such as recreational drug possession, while violent crimes or crimes involving advance planning such as robbery may prompt disciplinary action.

McDevitt also advises a boss not to discuss an employee's arrest with anyone else, except legal counsel. "Unnecessary disclosure of information could potentially result in a defamation claim if the employee is later acquitted or the charges are dropped," he says.

Also, a boss will have to consider that other employees may not want to work with someone who has been charged with a crime, especially if it involves violence.

Finally, a boss should remember that his actions against an accused employee will be closely watched by others. "Ultimately, employees are concerned about how they would be treated by management if they are ever in the same situation," he says.