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I work at Wal-Mart and got charged with 2 misdemeanors that had nothing to do with my job. Can I be fired?

Tulsa, OK |

The charges are assault & battery & possession of controlled substance. I do not work in the pharmacy so neither charge has anything to do with my job. I was suspended and given a paper that said I was being suspended because I was arrested on charges that had something to do with my job - obviously neither one has any job relation at all. They told me if I was found not guilty I could go back to work. I called to ask what charge had anything to do with my job and no one seemed to know. Do they have to give me my job back if the assault charge is dropped and I receive a deferred sentence for the possession charge?

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Attorney answers 2


Your question is an employment law question, not a criminal law one. I would first suggest you try reposting under that topic. Walmart no doubt has a set of employment guidelines or handbook that tells what you can be fired for and the employer's policies for those in your situtaiton. Request of a copy of it. It should outline your rights and steps you can take.

This information is for general information purposes only and does not create an attorney-client relationship.


Oklahoma is an at will employment state meaning that an employer may fire you as long as it isn't for an illegal reason like filing a comp case or discrimination. However, courts have interpreted employee handbooks and procedures potentially as an employment contract so look at it to see if they violated their own procedures.

Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.

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