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Unlawful termination from the home depot

San Jose, CA |

i worked 3 years at my local HD, I had to go to court for a 288.2 p.c., i pleded nolo conderer, in result i had to be put on emp for a month, the emp office gave me a packet for my work to fill out, i gave it to my night manager and he handed it over to the HR..... after 1 week later i get a call from one of the assistant managers saying that i got put on INVOLUNTARY LEAVE on 12-10-12 with no pay and also to do an investigation... after a week went by i called my work asking on how the case was going and all i got was a "we are waiting to hear from the DHRM" so after 3 days i called back, no one answered so i left a voicemail to the hr and he did not return my call, i got a lot more to say.

Attorney Answers 4


Your employer has the right to terminate you on these facts. If you are represented by a union, check with your rep about appealing any unfavorable action by your employer.

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Unfortunately, the facts you have described do not give rise to a claim for wrongful termination. California employment is "at will" absent an agreement to the contrary. (Labor Code 2822) This means you can be fired or suspended for any reason whatsoever, regardless of whether you believe the basis is fair, unless the underlying motivation is discriminatory in nature (based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation) or otherwise in violation of California law.

You may be eligible for unemployment benefits, which you can apply for here:

Best of luck to you moving forward.

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.

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Ms. McCall is absolutely correct. It is not unlawful to terminate an employee who has been convicted of a crime. The fact that you pleaded nolo does not change that fact.

Be patient to see what happens. However, if you are terminated, or placed on a lengthy suspension, you will have no recourse with your employer.

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.

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3 lawyers agree


Sorry to hear this has happened to you. What would you like to know? You indicated in your heading that there was an "unlawful termination," but stated in your post that HD informed that they were putting you on "involuntary leave," which suggests a leave of absence. You said you haven't been able to reach the HR department. Is the issue that you're not sure whether you've been terminated or are still on involuntary leave? If you've been terminated, you're entitled to know that and to receive your final paycheck, pronto. If you can, please clarify what information you need.

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