Can I be fired ?

Asked 10 months ago - Sacramento, CA

I was hired at my job who completed a background check before I was hired . A few days later charges were filed against me for embezzlement at my previous job , wrong place wrong time , I was not convicted until 3 weeks hired into my new job . So I did not lie when asked had I ever been convicted or arrested because I wasn't. Can I be fired from my job or is that wrongful termination?

Attorney answers (3)

  1. Neil Pedersen

    Contributor Level 20

    6

    Lawyers agree

    Answered . Unless you have an express agreement to the contrary, you are an at will employee. That means you can be fired for any reason, or even for no reason at all. If your employer fires you when it finds out about the embezzlement charge, it will not be doing anything unlawful. No wrongful termination. Sorry.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. David Herman Hirsch

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes, in all likelihood your employer can terminate you. As Mr. Pedersen explained, most private employment in California is "at will". This means you can be terminated for any reason, or no reason at all, at any time so long as it isn't based on discriminatory reasons (i.e. because of race, sex, national origin or another protected classification), or your having engaged in a protected activity, or in violation of the terms of a contract or collective bargaining agreement.
    Being “at will” also means that the employer is not required to provide advance notice of a termination decision and is not required to justify the decision with “good cause.” So, unfortunately the answer to your question is yes you can be fired and it would not be wrongful termination...

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  3. Patrick John Phillips

    Contributor Level 17

    5

    Lawyers agree

    Answered . As noted by the other attorneys, "at will" employees can be fired at any time for almost any reason. Embezzlement is certainly no exception.

    http://www.johnphillipslaw.com

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more

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