i was wrongfully terminated from my job for refusing to drive an unsafe truck. Could my crimminal backlground affect my chances of my case>?

It has nothing to do with this case. it was an indecent exposure charge 7 years ago. i am currently off parole now

Asked on May 17, 2009 under Employment Labor Law, California


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

Answered 11 years ago | Contributor

If you lied on your job application about this conviction that could also be grounds for dismissal.

Expungement of your record is something to look into, but under California law sex related offenses are not eligible.  You would need to speak with an attorney on this to see if it is a possibility in your case.

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your criminal record is always going to be there - unless you get the charge expunge from your record - which you can do.  At will employees can be fired for good bad or no reason at all. Refusal to drive an unsafe truck is a valid reason to not perform your job.  However, prosecuting a case like this is expensive.  Plus, the employer is going to cite another reason for your discharge than refusing to drive the truck, unless the employer cited that as the reason for your discharge.  I would not worry about the criminal conviction and i would look into getting the record expunged.  You should go talk to a labor lawyer who can give you advice after hearing the whole story as i do not have enough info to give you definitive answer.

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