Fired from gas station in Virginia.

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Fired from gas station in Virginia.

I had a customer come in and ask for some cigarettes. I asked her for her ID and she handed it to me. I proceeded to try to scan it on the register about 3 or 4 times but it wouldn’t read the ID. I then typed in the birthday but instead of typing 00 for the year 2000 I accidently typed in 20, making her older then what she was. Then the ABC lady came in and charged me with selling to a minor, which then caused me to loose my job. However, then I found out that she had charged me with a lesser charge section which, instead of being a misdemeanor, was a civil case which ends up having me pay just a $100 fine. I was wondering if I went to court and was able to get the charges dropped, would I be able to try to get my job back and be able to get my position reinstated? I’ve been at my job for over 6 years and have never been written up for anything, or ever been in trouble before.

Asked on August 3, 2017 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether or not you can get your job back is up to your employer. The fact is that unless you have an employment contract or union agreement you are an "at will" worker. This means that your company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination. So you could have been fired for the reason that you state or for any reason or for no reason at all, with or without notice. At this point, you can explain the latest idevelopments in this situation and see if you can get your job back.


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