Legal Question in Employment Law in California

Can you get terminated for being charged with a crime even though you were truth

I recently heard about a company that is firing people because they were charged with drug possession or a related drug charge, however, they were never convicted. Can a business terminate you even though you were truthful on your application?


Asked on 5/11/04, 1:33 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can you get terminated for being charged with a crime even though you were t

There was a very recent federal court case that ruled that an employer cannot refuse to hire a former employee who admitted to having had a drug addiction but went to rehab for treatment. To do so would discriminate against people with a disability.

Employers may not discriminate against applicants on the basis for specific categories. However, this does not mean they cannot refuse to hire an employee who was truthful. If you admit you were fired from your last job for being accused of theft, they need not hire you, even though you were honest about it.

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Answered on 5/11/04, 5:36 pm


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