What to do if I was fired for having a pretrial diversion on my record?

UPDATED: Mar 28, 2012

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What to do if I was fired for having a pretrial diversion on my record?

I was arrested several years ago and went through mediation as suggested by the judge. Everything was completed successfully and i have a disposition stating nolle prosequi. I submitted this to my former employer and I was fired. The explanation is that it was not considered a not guilty verdict but it was also not a guilty verdict so I had to be terminated. Should I contact a lawyer and take legal action? The legal department is going to call me this week. Should I have a lawyer present?

Asked on March 28, 2012 under Employment Labor Law, Delaware


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, an employee can be terminated at the will of the employer so long as the termination was not based upon a legally declared impermissible discriminatory ground such as gender, sexual orientation, religious grounds or ethnicity.

The "nolle prosequi" result regarding your criminal matter was a dismissal of the charge against you. In this country, all people are presumed innocent until proven guilty in a criminal matter. For you to have been terminated solely for this reason does not seem legally permissible. I suggest that you consult with a lawyer practicing in the area of employment law before you decide to speak with someone with your former employer's legal department.

You should also make a claim for unemployment benefits and consider speaking with someone about your situation at the local labor department.

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.

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