The actor was released after posting bail in Chicago after police allegedly charged him with allegedly staging an attack on himself. He was originally supposed to film throughout the week for the Fox TV series. His role on the show has decreased dramatically in light of his ongoing legal troubles.
Fox have stood by the actor throughout by issuing statements supporting him.
However, since evidence grew that he allegedly staged his own assault, the network have backtracked.
On Thursday, it said: “We are evaluating the situation and we are considering our options.”
Hope within the network has mounted that Mr Smollett will be able to finish his work on the series.
Empire has more than a week’s worth of filming before finishing off its fifth season.
Mr Smollett was given a few days off this week to address the legal situation.
He first reported the alleged hate crime attack on January 29.
The actor has been released on $100,000 (£76,000) bail.
Mr Smollett was arrested in Chicago on Thursday for allegedly faking the attack.
He faces one felony count of filing a false police report.
The actor claimed he was a victim of an assault the morning of Jan 29 in Chicago.
He said two men were racist and homophobic before allegedly beating him, pouring bleach on him and placing a rope around his neck.