What can I do if I was charged with 2 felonies and pled no contest but I was dismissed by my employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption