Unlawful termination from the home depot

Asked almost 2 years ago - 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)

  1. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Answered . 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.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Patrick John Phillips

    Contributor Level 17


    Lawyers agree

    Answered . 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.

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

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  4. Bonnie Margaret Ross

    Contributor Level 2


    Lawyers agree

    Answered . 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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