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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118669
Experience:  20+ Years of Employment Law Experience
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I was arrested saturday because fiance fell and told ambulance

Customer Question

i was arrested saturday because fiance fell and told ambulance drivers that i had hit her.....`i missed work and could not call in on sunday.....monday after probation department consulted me, the da of ca dismissed the case and dropped charges
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question about this for us?
Customer: replied 2 years ago.
could i be terminated and / or reprehended for missing sunday work schedule without calling in because of only collect calls from the "jail" phones.
Customer: replied 2 years ago.
still waiting for answer please
Customer: replied 2 years ago.
does phone charge supersede the original fee , or is it additional?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. Please understand we are working with multiple customers and replies are taken in order. Each customer deserves the same time you deserve and I appreciate your understanding and patience.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
Your employer could legally terminate you or punish you for being a no call, no show, even if you were in jail. Even when an employee is arrested and has charges dropped, if they failed to show up for work and did not call or get word to the employer they would not be at work, I am sorry to say that is a legal basis for terminating or disciplining the employee.
Customer: replied 2 years ago.
even if i did tried to call from the jail collect call , for which i did several times???? need to close for now please do not call ....will wait for reply.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
We will not call you, because as I said, state law would consider phone calls a practice of law. Also, it would incur an additional charge for the call to you.
If you can prove to the employer you tried to call, that can mitigate the situation with the employer if they are reasonable. However from a strictly legal standpoint, they can legally terminate you for the no call, no show I am sorry to say.
Customer: replied 2 years ago.
if in fact i was terminated, would i still be qualified for unemployment in ca?
Customer: replied 2 years ago.
good i have already stated DO NOT CALL at all disregard the phone number!!!! email service agreement ONLY!!!!
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I have no intention of ever calling you, never, so please calm down about that.
If you are fired for this reason, a no call no show is usually grounds for termination, BUT when you can prove that it was because of a false arrest it would qualify you for benefits in most cases.