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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27685
Experience:  25 years experience practicing attorney
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I am to be sentenced on Friday Nov. 7th on a Pergury charge

Customer Question

I am to be sentenced on Friday Nov. 7th on a Pergury charge that I plead guilty to. Part of my bond was to not have contact with a certain person. She identifies herself as the victim. She called my employer yesterday and had me fired. Can she legally do that. Is she allowed to contact anyone in my personal or business life?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- I'm not certain of how this person is a "victim" of your perjury but if all she did was report something that is a matter of public record I know of no law that would prevent this. If she didn't lie she can't be sued for libel or slander so I don't know of anything you can do.

 

Obviously if there is a no contact order on you with respect to her you cannot call her. If you feel that she lied in some way then you can file a civil action against her but the burden of proof would be on you. I also wonder how she could have "had you fired" since I would think your employer would have to be the one to make that decision and that your argument should be to your employer as to the relevance of your criminal charge to your employment.

 

The fact that you committed perjury in a court does not seem to be related to a job unless there is some type of security clearance for the job.

 

David Kennett - JD - Attorney at Law

Customer: replied 5 years ago.
How can she contact anyone she wants that is in my life and say what she wants when I cannot contact her? Isn't that contempt? She should have to stay away from me and my personal business too!
Expert:  Dave Kennett replied 5 years ago.

If the order is on her to stay away from you then that is a different issue. Since I have not read the order and based on your facts, I was assuming that the order only applied to you. In addition, she did not contact you but called your employer and unless there is an order against her in that respect she can call whoever she pleases. She cannot, however, lie or give false information.

 

Dave Kennett

Customer: replied 5 years ago.
I do not see where that is fair. she knows that part of my bond is to work full-time. She took it upon herself to call my employer. I do now know what she said. Any my employer did not mention her name. But I was in the reception area when the call came through from her to my boss. When my boss took the call he spoke to her with the door closed for a long time. I was fired an hour later. He said that I need to contact his lawyer for answers as to why. I guess in the state of Virginia your employer does not need to give you a reason.
Expert:  Dave Kennett replied 5 years ago.

Therre are two issues here. One is whether she had a right to call and the other is whether you were wrongfully terminated. As I said before, unless there is a court order against her she can call anyone she wants as long as she doesn't lie or provide false information.

 

As for your employer, unless you are working under a written contract or union agreement you are an "employee at will" and can be fired for any or no reason. If your employer gives no reason then you should be eligible for unemployment and if you were fired for something unrelated to work then I believe this would qualify for unemployment however I cannot predict a decision in that area.

 

Being "fair" is not always a legal issue. Many laws result in "unfair" outcomes so I cannot base my legal opinion on what I believe to be fair or how I want the laws to be. I can only offer advice based on what I know the law to be. You have obviously had some serious problems with this person, the facts of which I don't know.

 

Since you are the one pleading guilty to a crime that is a matter of public record then some of these consequences are unavoidable. I wish I had some other course of action to recommend but I don't. All I can suggest is for you to apply for unemployment and to get another job as soon as possible.

 

Dave Kennett

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