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Can I be fired ?

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. 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 only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  2. 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...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  3. 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 create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents. http://www.johnphillipslaw.com

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