QUESTION
Can my work fire me for fingerprints because I went to county for 5 days because I violated my probation for a DUI?
Asked on Feb 05th, 2013 on DUI/DWI - California
More details to this question:
I live in California. I was 20 (underage) when I got my DUI in 2012. I violated my probation when I was caught driving on a suspended license four months later. Got sent to county for 110 days. Only did 5 days and work release for 9 days. I took my vacation from work for a week so I can do my time. I told my boss the truth to get a few extra days but when I got out of county, she said corporate is going to terminate me. I don't feel it’s fair when I don't drive a company vehicle or did anything wrong at work. The "reason" why they are going to terminate me is because of the fingerprints.
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know what the fingerprints have to do with anything. They may be firing you for not disclosing your arrest and conviction.
Answered on Feb 06th, 2013 at 11:45 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should consult an employment attorney regarding your termination. Generally, most employee's are "at will.". "At will" means that you serve at the will of the employer, you may quit at any time and they may terminate you at any time. You may have a case for wrongful termination but only an employment attorney can help you determine whether you have a case.
Answered on Feb 06th, 2013 at 8:09 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Not only are there no laws against unfair treatment', but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an at will employee that can be disciplined or terminated any time for any reason, with or without cause , explanation or notice. Sounds like that describes you and your situation. It wasn't your fingerprints that got you fired, it was your conviction of a crime, and taking time off work to serve a sentence; neither of which is protected activity.
Answered on Feb 06th, 2013 at 7:34 PM