Legal Question in Employment Law in California

pre-employment behavior used as factor in firing.

i was fired as a deputy sheriff for dui. i had worked for

the department for 5 years, with a spotless recored, before

the incident. i had a pre-employment dui 1 year before i was hired by the department. for dui, the departments practice has always been to give 3 days with no pay as discipline. no one has ever been fired for dui in the departments history. they fired me by saying that this is my 2nd dui,even though, my first dui was pre-employment and they were aware of it before they hired me.

can they use pre-employment behavior as a factor in my discipline? and is there any case law out there that talks about this issue?

thx.


Asked on 4/18/03, 3:37 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: pre-employment behavior used as factor in firing.

The termination of a peace officer is regulated by specific statutes and by the union contract negotiated with the county you are in. You must discuss this with your union Rep as quickly as possible as there are very strict time limits to appeal your discharge. If still disatisfied, seek a labor law attoney near you experienced with representing peace officers.

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Answered on 4/23/03, 12:36 pm


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