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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?

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Attorney answers 3


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.

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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...

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As noted by the other attorneys, "at will" employees can be fired at any time for almost any reason. Embezzlement is certainly no exception.

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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