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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12622
Experience:  Significant experience in all areas of employment law.
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I work. years. And I got misdemeanor 5 years ago. They check

Customer Question

I work for fedex. For 8 years . And I got misdemeanor 5 years ago.
They check my background every year but just now they decide to fire me.
This is rigth ? I mean when the accident happen I'm already work for them.. now after 5 years. They decide to fire me . Can I appeal ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

This makes very little sense from a practical standpoint. However, I'm afraid to say that it does not violate any law. The reason is because employment in the state of CA is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Having a misdemeanor is not a "legally protected trait." That is to say, an employer is free to terminate the employment relationship because an employee has a misdemeanor. Again, it doesn't matter whether the employee has already been working for several years. Since employment is "at will" and thus terminable regardless of whether the basis is fair or reasonable, a misdemeanor remains a lawful reason to let someone go.

The good news is that an individual terminated under these circumstances should have no problem getting approved for unemployment benefits. For information on how to file a claim for unemployment benefits with the EDD, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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