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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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