Legal Question in Criminal Law in California
Can you be terminated from employment for a disqualifying crime that has been expunged/dismissed per pc 1203.4?
2 Answers from Attorneys
If you are an at will employee, you can be terminated for almost any reason. If you lied on your application, and your were applying for a job that involved state licensing, the employer may have a good reason to terminate you.
Yes. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without ‘cause’, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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