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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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In 2004, I was pulled over and got a falsification charge.

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In 2004, I was pulled over and got a falsification charge. The case was settled with a fine. In 2005, I had a custody battle and a guardian at litum and prosecutor called all of my charges traffic- related. Consequentially, I believed that was how it was listed. In 2007, I began working for my current employer. I listed minor traffic violations as my offenses, I was hired. In July, I was promoted and did another background check. Six months later, I'm facing termination for falsifying my record. I have even provided the prosecutor's statement. Is this actionable?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

What was the exact nature of the falsification charge?

-ZDN
Customer: replied 1 year ago.
I was pulled over and misrepresented my insurance. However, my real issue is that upon review of my charges, the city prosecutor called all of my charges traffic charges. Can my employer supersede that?
Expert:  Zachary replied 1 year ago.
Yes. The fact that the city prosecutor called the falsification charge a traffic charge does not make it true. Falsification is not a traffic charge, even though you were misrepresenting auto insurance. The city prosecutor's mistaken statement on the record does not change the legal nature of falsification.

In this case, your lack of knowledge of what the nature of the falsification charge is might serve as a defense and allow a charge of wrongful termination if you had an employment contract which stated that you could only be terminated for cause. Do you have such a contract?
Customer: replied 1 year ago.
I don't have a contract... Is it also acceptable to wait until completion of a major project to present me with this information?
Expert:  Zachary replied 1 year ago.
If you do not have an employment contract, then your employer can terminate you for any reason whatsoever as long as it is not based on racial, gender, religious, age, and/or national origin discrimination.

This means even if you can show that you did not falsify your application, your employer can still terminate you.

The fact that your employer waited until you finished a major project is foul play by your employer, but it is not illegal.

That being said, you might be able to assert that you should get employment benefits through an unemployment claim by proving that the reason they terminated you for cause was untrue.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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