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I got fired from a job because of a warrant under my license. Come to find out the warrant wasn't mine, What do I do ?

Saint Louis, MO |

I was pulled over last night and a police officer ran my license . He asked me if I knew who a certain person was because he had a warrant out for his arrests under your name . I said I don't know but about 4 months ago an officer also asked me the same thing . The officer said the warrant was from Burnes Mill PD and what's weird is that when I run the license all your info pops up even your picture but Dylan's warrant also pops up . I continued to say I don't know . But my question really is , my recent job i was fired from told me I had a warrant out so they had to let me go , the warrant isn't even mine . can I get my job back ? can I sue whoever fault it is for falsely putting Dylan warrant under my name losing me my job ? I also recorded the convoy for evidence .

I am wanting to sue, for the lost wages as resulted from this, also for the reason of missed student loan payments and credit card payments as result of this. is this possible?

Attorney Answers 6

Posted

You do not, as far as I can tell, seem to have any legal remedy to get your job back. However, maybe you can try explaining it to your boss again.

NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com

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Posted

Seriously? even after it is proven the warrant isn't even mine? Can I sue the person or company that issued the false warrant?

Robert Edward Caldwell Jr.

Robert Edward Caldwell Jr.

Posted

employers can fire you for anything as long as it is not discrimination based on age, sex, race, religion, handicap or national origin or in retaliation for complaining about such or in retaliation for filing worker comp or in retaliation for blowing the whistle on something, generally. as far as the agency, maybe you could state a claim, but police departments are given wide latitude under the current law to mess up. You would have a hard time finding any attorney wanting to take that case.

Posted

This issue will continue to follow you unti you clear it up with law enforcement and you may need an criminal defense attorney to advise you re that. As to whether you can sue and recover, that would be difficult due to what are immunities, but not impossible. Not enough facts here. You need to find out the reason for the mistakes and then consider consulting with an attorney that takes civil rights cases.

Any response given is not to be taken as legal advice or to create an attorney client relationship.

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Posted

Okay, the only problem is I'm a young guy, and don't have hardly any money because of this, still without a job, and I can't afford an aattorney to help me clear this, and when other employers are running background checks and this pops up, ill never get employed there. Is there any criminal defense attorneys that would be able to help me out for very little money at least until it is taken care of that you know of?

Posted

Contact the police in Byrnes Mill to try and clear this up. You may have to file a police report for identity theft. If you do nothing, you may continue to be pulled over and possibly arrested for warrants issued to someone else who is using your personal information.

The answers submitted on AVVO by The Rogers Law Firm, LLC d/b/a LeadFootSpeedingTicket.com are for informational purposes only, do not constitute legal advice, are not intended to be advertising, and are not guaranteed to be correct, complete, or up-to-date. The transmission of information on AVVO is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship. The reader should not act on the answers without first consulting legal counsel.

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Posted

In regards to identity theft, the police officer also said that when he ran my social security number that no information popped up, does that back the theory of identity theft?

Andrea R. Rogers

Andrea R. Rogers

Posted

Sorry, I don't know. It seems like it would be good news if he ran your ss# and found no warrants or convictions, but you need to call the police to get this cleared up.

Posted

Additionally, in order to prevent in the future people from using your name, getting arrested, ending up where you are now, you can report with the DOR that your name has been stolen before. There are benefits and detriments to this: the benefit is that nobody can ever give your name again, without showing proper government ID. Nobody will ever take another person's word for it that they are you. The detriment is that you must always have your ID with you, or else they won't believe you are you. I had a client in the past who was facing felony charges of a very serious nature because another person who did not quite look like him had given his name was arrested and escaped custody before being fingerprinted. The cops and prosecutors pursued this vigorously against my guy. In fact, it was the very same cops who arrested the original real perpetrator who then arrested only a week later my guy! As with the other commenting attorneys, I recommend you hire counsel ASAP.

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Posted

You may also be able to cure the problem through the Municipal Court in Burnes Mill. Setting a Court date and discussing the matter with the Prosecutor and Judge may make the matter go away.

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Posted

I need many more facts to give informed advice. Normally unless you are within the 4 exceptions you can be fired at any time for any reason or no reason at all.

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