Legal Question in Criminal Law in California

Criminal Trespass/Work

I received a petty theft charge earlier this year. Actually, charges are still pending; due to court in about a month. I was told to signed a trespass notice and I guess I'm banned for life. I know I made a big mistake. Currently, I have a job which requires me to go to different stores to help with sales, and next week, to the same store at which I was banned. Could I receive a criminal trespass charge from the store if I have to go there for work or would I still be able to work? My boss doesn't know I have been stopped for shoplifting because technically I don't have a shoplifting charge, at the moment. Would it be best to let him know about my situation? What should I do? Is my job in jeopardy?


Asked on 10/08/07, 12:17 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Criminal Trespass/Work

The other business has the right to ban you from its property, and the fact that your employer wants you to go there does not trump their right to keep you away.

Whether your boss will fire you when he learns about your situation is a question about his business practices and not about the law. There is no law I am aware of which would forbid him to fire you. He may have little choice from a practical standpoint, since you seem not to be able to do part of your job. Your boss could change your assignment but is not legally required to do so.

It seems inevitable that your employer is going to learn about your situation, and you will probably be better off if you are the one to explain it. Of course, that answer has nothing to do with the law.

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Answered on 10/08/07, 2:46 am


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