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  1. #1
    Robert94903 Guest

    Fired due to moral turpitude misdemeanor

    What is the name of your state? California.
    I am a union employee, with customer contact, and no direct supervision. I was fired due to a misdemeanor conviction of a supposedly moral turpitude nature, completely not related to my employment. I owned a massage business where a worker was accused of prostitution, and I was convicted of operating a house of prostitution, a misdemeanor. There is nothing written in any of the employee conduct, or positive disipline guide to cover this. My disipline record was totally clean. How can the company terminate me for this non work related reason?
    Thanks in advance.
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Fired due to moral turpitude misdemeanor

    Originally posted by Robert94903
    What is the name of your state? California.
    I am a union employee, with customer contact, and no direct supervision. I was fired due to a misdemeanor conviction of a supposedly moral turpitude nature, completely not related to my employment. I owned a massage business where a worker was accused of prostitution, and I was convicted of operating a house of prostitution, a misdemeanor. There is nothing written in any of the employee conduct, or positive disipline guide to cover this. My disipline record was totally clean. How can the company terminate me for this non work related reason?
    Thanks in advance.

    My response:

    Easy. You have a general "morals clause" in your Union contract. With that clause having been negotiated, your company "owns" you, and your conduct, 24/7.

    Besides, I'd like to see a Union contract that had a specific "No Prostitution" clause!

    IAAL
  3. #3
    Beth3 is offline Senior Member
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    And even if there isn't a morals clause in your CBA, you can be terminated for engaging in behavior that reflects badly upon or damages the reputation of your employer. You may file a grievance with your union if you think the employer was in violation of the contract but that's it.
  4. #4
    Robert94903 Guest
    1) There is no morals clause in the union agreement.
    2) There was no publicity, nothing in the newspaper, etc. to bring any discredit to the company. I regret to say the company found out from me.

    I know some professions have morals clauses, for example an attorney can be removed from the BAR for a FELONY morals conviction, and some if not most teachers can be terminated for midemeanor or felony morals convictions. These don't apply to me though, and an attorney needs to commit a felony.
    Last edited by Robert94903; 08-22-2003 at 02:07 PM.
  5. #5
    Beth3 is offline Senior Member
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    Okay but even if the fact that the word was out was because you were the one who blabbed, that kind of information takes on a life of it's own FAST and it sure wouldn't have taken very long for everyone, including many of the customers, to know about what happened. Of course by the time the story made it's way around the office/factory a couple of times, you would have been become the head madam (or whatever the male equivalent is) over a brothel of 50 hookers.

    The key word here is "convicted." The criminal justice sytem found there was enough evidence to convict you of a crime, and one that would reflect very badly on your employer when word got out - as it did.
  6. #6
    Robert94903 Guest
    The company has several people working that have "Driving Under the Influence" and "Domestic Violence" misdemeanor convictions who were not terminated. Prostitution is legal in Nevada as well as other places, so it seems it is not universally morally wrong. I know of no place DUI or Domestic Violence is not considered wrong. Driving and contact wih people is very much a part of my job, and DUI and domestic violence are related to both. My situation has no relation to my job. Also I told only a supervisor in confidence of my legal problem. It went to the higher ups to be investigated.
  7. #7
    JETX is offline Senior Member
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    Okay, Robert, since you seem adamant about not understanding or realizing what you are being told.

    Here is what you do:
    Get about $10,000 together and start looking for an attorney. If you wave that money in front of him/her and insist that you are right and that they take some action, they will be glad to help you.
    Ball is in your court. Now what??
  8. #8
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by JETX
    Okay, Robert, since you seem adamant about not understanding or realizing what you are being told.

    Here is what you do:
    Get about $10,000 together and start looking for an attorney. If you wave that money in front of him/her and insist that you are right and that they take some action, they will be glad to help you.
    Ball is in your court. Now what??

    My response:

    I would heartily agree. And, at least as far as California attorney's fees for this type of a situation, believe me, $10,000.00 is a "conservative" estimate. When all is said and done, it would undoubtedly be more like $20 - 30 k - - at least, in my offices it would be (over time, of course) with a $10,000 retainer, billed out at $250 to $300 per hour (depending on a full recitation of the facts).

    IAAL
  9. #9
    Robert94903 Guest
    In a grievance procedure or a court case, facts are brought up as counterpoints are made. That is what I was doing during this thread. The logic of the poster that says "I am adamant about not understanding what I am being told" seems illogical for this forum. I am in the middle of the union grievance procedure, and I have two attorneys on retainer working for me. I am using this forum as another resource to get a feel for the opinions of other people. I think I got enough of what I need from this forum.
    Get it?
  10. #10
    JETX is offline Senior Member
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    "Get it?"
    *** No. Please repeat all of the relevant facts and EXACTLY what your attorneys are advising.

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