Asked 4 months ago - San Jose, CA
Flagi 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.
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: http://www.edd.ca.gov/unemployment/filing_a_cla...
Best of luck to you moving forward.
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.
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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