Legal Question in Employment Law in California

Wrongful Termination Due To Previously Disclosed Conviction (2 years prior)

I've been w/my co.for 2.5 yrs.Approx.4 mths aftr I began,I had a legal situation arise.The end result was a felony conviction,nonwork related.I came forward&told them(both H.R.&immed.supervisor)They thanked me for doing so voluntarily.I served 4 weeks in work-furlough,never missed a day of work,&2 years have passed.I was promoted last Feb.(1 yr.after all this).Last week I was called into H.R.&told I either had to resign or would be termed,as keeping me employed would violate licencing requirements in numerous states.They said I am an extremely valuable employee,so to''save face''they'd give me 1 mth pay&allow me to resign,or I'd be termed.They wanted me to sign an agreement.I said I'd need to think things over.Two days later they told me they'd give me 2.5 months pay,&I hadn't even asked for more.I then asked for double that amount,5 months. They are thinking about it.Here's the thing:I realize now that I'm probably unemployable due to conviction,which can't be expunged for another 15 months.Should I be getting more from them?Also,the comp.has been committing FDCPA violations that would cost them millions in fines,&wonder if a whistleblower case is advisable?Thanks!


Asked on 2/23/04, 2:21 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Wrongful Termination Due To Previously Disclosed Conviction (2 years prior)

If the co has any legitimate basis for their position, such as contracts or laws preventing you from working on projects because of the felony, there is little you can do as an 'at will' employee. Their offer is actually too good to be true. Don't mess it up. I'm not sure why they are willing to pay you so much, unless they truly feel compassion for you. They aren't required to pay anything.

Whistleblower only applies if you report illegal conduct and are retaliated against; you have already been told of termination.

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Answered on 2/25/04, 5:11 pm


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