Legal Question in Employment Law in New York

I worked at a hospital for over 6 years as a receptionist. I was union. I am in the process of a grievance.. I was terminated due to allegations of petit larceny. What happened was I found a gift card in the waiting area and put it in my desk. After 2 months of no-one claiming it, I used it. I figured if anyone came in and asked about it I would just pay them for it. Needless to say the person who lost it reported it stolen.I was arrested and it has been adjourned contemplation dismissal. I did not plead guilty nor was I found guilty.I have a perfect clean record at work and legally. I guess I am now wondering if they could be using this as an excuse because I have had extreme medical bills.I was terminated 2 days after telling my boss I am pregnant I am a high rick and have levonax shots daily. I was diagnosed with factor 5 clotting disorder last year and spend a month in ICU, and have a history of pneumonia and being hospitalized. Also the termination was just after my FMLA papers ran out.Thanks


Asked on 5/26/11, 10:28 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

An ACD (Adjournment Contemplating Dismissal) is a guilty plea regardless of "what you may have been told" by the District Attorney's Office. Therefore, your employer can terminate your employment given that the incident in question occurred in the workplace. I would suggest that you hire a criminal defense lawyer and discuss the collateral consequences of pleading guilty to a criminal offense. This is only the beginning of years of legal problems.

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Answered on 5/27/11, 5:42 am


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