What can I do if I was charged with 2 felonies and pled no contest but I was dismissed by my employer?
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What can I do if I was charged with 2 felonies and pled no contest but I was dismissed by my employer?
I pled guilty under the condition that if I complete classes, my charges will be reduced to a misdemeanor. At this point there is no conviction, only charges. However, I was dismissed by my employer, who considered my plea to be the same as a conviction, even though no conviction exists. I was also denied unemployment for the same reason. How can the rules of an administrative court outweigh those of a superior court?
Asked on February 1, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Employment is employment at will. Employers may terminate employees for any reason at all. They may also set rules or conditions for employment, which could include, for example, that certain crimes committed while employed would be grounds for termination "for cause," or the sort of firing that denies one unemployment. The deal you made in regards to your criminal charges and plea does not bind the employer, since the deal was not with the employer and the employer was not a party to the legal proceeding (it was between you and the state). Therefore, regardless of what your plea was, 1) your employer could terminate you; and 2) if the criminal act violated the employer's rules, it could be a "for cause" termination.
If the above does not answer your question, re-post with more detail about the nature of the crime, when committed, whether you were employed by this employer at that time, etc.
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