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Question

I work for department of corrections as a psych tech in california for 1 yr 3months. I have a criminal background which was expunged. Plata disciplinary retreived my personnel file and said I lied on the application. The question was have you ever been arrested for a criminal offense (omit if case was expunged,sealed traffic or juevinille) so I marked no. now I've been served with termination papers for feb 27. I'm part of CAPT union whos helping me now. plata told me if I could provide proof that the case was expunged then they could turn it around. They already had proof from DOJ printout of my clearance and 1203.4 expungement. do I have a wrongful termination case?

Submitted: 271 days and 17 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED
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Optional Information

lancaster, California

Already Tried:
seeking help from my Union CAPT. California association of psychiatric technician. they say plata should not be going in employees personnel files. and I have proof of expungement but plata may say lets take it to hearing which takes up to 6 months.

Accepted Answer

From the facts at hand, it sounds as though you have a case for wrongful termination. You can go both routes and go to a hearing and try to get said hearing expedited. You may also file a suit for wrongful termination. Going one route is not necessarily excluding the other route. You need to be aware that filing suit may permanently cost you your job however, whereas through the hearing process you may be able to get your job back. If you can find employment to hold you over in the meantime until the hearing, it may be worth it to put off filing suit until you receive a verdict from your emplyment hearing.

 

As to whether you have a cause of action, once again, from the facts at hand, I believe that you do.

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Expert: Timothy Smith
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/23/2009

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In-House Counsel for State's Largest Agency

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