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A california state employee recently got into a minor

criminal issue. what are the...
A california state employee recently got into a minor criminal issue. what are the effects on employments?
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Answered in 1 minute by:
1/16/2018
LegalPro54
LegalPro54, Lawyer
Category: Criminal Law
Satisfied Customers: 14,558
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Does the employee work for the government? Are they in a union? I very much look forward to helping you on this matter.

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Customer reply replied 7 months ago
the employee works for the government and they are in a union.

Thank you.

In that case, the employer's ability to terminate them or otherwise take adverse action against them would be limited by the terms of their union contract, and also possibly by state law if the employee has acquired "tenure" in their government employment. Most union contracts only permit termination for "cause," which in many cases is still defined to include misconduct outside of work. The exact wording of the union contract will dictate the specific protections that the employee may have. The best course of action for the employee is to consult with their union rep to determine exactly how the union contract protects them in this situation.

As a government employee with tenure, the employee may also be protected by state laws which prohibit terminate for reasons other than misconduct, or immoral/unethical conduct. So, the specific nature of the offense will matter. Something like burglary or rape could very well result in a lawful termination under state law, whereas something like a DUI would likely not.

I realize this answer is general, but it must be general because the actual outcome here depends so much on the language of the employee's union contract, and on the specific nature of the offense they have been charged with.

I hope that you find this information helpful. 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.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 7 months ago
Its a prostitution sting operation.
Customer reply replied 7 months ago
does the criminal department report to the respective employment agency?

Thank you, ***** ***** excuse my delay in getting back to you but I had to step away. In most cases, no, there is no direct reporting. The employee's union contract might require them to self report, and if some sort of state license is required for the position, the licensing agency might require self reporting as well. Otherwise, it may only be something that is discovered via background check, which usually is not conducted for existing employees.

I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

LegalPro54
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