Legal Question in Employment Law in California

I have been working in a non medical senior services company in CA for 3 years. I reported I had a DUI when I applied but was never sent for fingerprinting or given an exemption to work for my employer. My manager, who hired me refuse to do the exemption and just tells me that if corporate fids out I will be fired. Others in the company have been given exemption status due to the same charge. I know that if I am fired for my DUI, that I cannot collect unemployment. Is the anything I can do to make my job more stable or get an exemption. My manager will not help me at all and stated she will just blame the mishap on an old recruiter if the issue ever comes up. I feel very trapped, and I love my job. I have asked for the exemption numerous times and love the company and just want to make things above board. Any suggestions? Also, if I am fired or laid off ever, am I eligible for unemployment since I have been there for so long?

Asked on 10/04/13, 11:08 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You have no 'right' to an exemption. That is up to the discretion of the employer, as is firing you 'at will' anytime they want to. If fired for 'resume fraud' based misconduct, you would be disqualified from EDD, but could fight the 'fraud' since you disclosed it to the company.

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Answered on 10/08/13, 2:52 am

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