Legal Question in Employment Law in California

Can I be fired or asked to resign due to a felony that was dismissed/expunged 6 years ago?

Viewed 0 times. Posted less than a minute ago in Wrongful Termination - San Diego, CA

I've worked for the company since 2001. In 2002 I disclosed the events (financial felony)that were unfolding in real time. They supported me. Then in 2004 they terminated me saying my record could affect their ability to get licenced. Then in 2005, after I was able to have record expunged and dismissed, they verified info& documentation and rehired me.Since then I have been promoted, received praise for great work, etc. Recently a disgruntled employee who was terminated sent a letter to management (new executive teamin place) telling them of my past, and they may terminate me or ask me to resign. The CEO of the company is still here, and he was involved in the rehiring decision and personally approved it back in 2005 (I still have the email). Do I have cause for lawsuit if they treminate me


Asked on 2/28/11, 9:45 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Can you be fired? Yes. 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 fired any time for any reason, with or without �cause�, explanation or notice. FYI: Expungement does not 'disappear' your record, and the company is correct that your record might affect them in licensing, insurance, bonding or security clearance, among other things. Cut a deal with them for severance if you can. Otherwise, apply for unemployment.

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Answered on 2/28/11, 3:57 pm


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