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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
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I have been working for a goverment agency since 10/04, because

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I have been working for a goverment agency since 10/04, because I didn't disclose I had a criminal record when I applied and they just found out, I am being terminiated because I took fingerprints in our local Police Dept of which another position I was going to apply for. I was totally honest with the Chief of Police of what would come up when the prints came back. I gave full disclosure to him and he assured me that I had nothing to worry about. That they would ever help me clear my record. When it came back my City Admistrator found out and said this was a form of "dishonesty" since I did not disclose this on my original application. Now I am being terminated from the City of Exeter, but yet we have to people who have actually been in prison, been arrested for drunk driving, spousal abuse who work for the Poliice Dept that are still employed there.... What can I do to keep my job?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Assuming that you are covered by the civil service laws, then you are entitled to a grievance hearing, as well as review by the Superior Court.

Additionally, you can file a DFEH (discrimination) complaint on grounds that the real reason for your termination is based on your race, color, nationality, religion, sex, sexual orientation, age or disability. Under the circumstances, this could be a difficult case to prove -- but, the argument could be that since you have successfully performed in your position for the past eight years, claims of dishonesty on the original job application are simply an arbitrary and capricious means of terminating you, without disclosing the real purpose behind the termination.

Hope this helps.

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Customer: replied 5 years ago.
So do you think I have a case wrongful termination case? Not sure what you mean by: " but, the argument could be that since you have successfully performed in your position for the past eight years, claims of dishonesty on the original job application are simply an arbitrary and capricious means of terminating you, without disclosing the real purpose behind the termination."
Expert:  socrateaser replied 5 years ago.
I don't have nearly enough facts to make a determination about a wrongful termination. What I can say is that your city administrator appears to be trying to enforce a policy that has no rational purpose, as applied to you, at this point. You have already proved you can do your job, despite your prior criminal record. So, the question is, "What's the real reason for the administrator's termination?" Many minorities have been discriminated based upon a pretext such as you describe. Example: If you were earning way above the average employee in your job description, and ordinarily you couldn't be terminated and replaced with a younger employee who would accept lesser wages, then it could be that the real reason for your termination is due to your age.

I can't evaluate whether or not the above is true or false. I can only suggest the possibilities.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

And, if you need to contact me again, please put my user id on the title line of your question ("To Socrateaser"), and the system will send me an alert. Thanks!

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