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Wrongful Termination

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MARVIN SWINT

Junior Member
What is the name of your state? georgia


i was arrested at work from bestbuy and charged with internal theft. i went thru the court system and the prosecutor concluded that there was indeed no theft and the state dismissed the case (nol. prossed) and expunged my record. i went back to my job and asked the general manger for my position back and he outright said no... i presented him with documents from the courts signed by the judge and the district attorney but he refused to reinstate me..... do i have grounds for a wrongful termination claim?
 
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HomeGuru

Senior Member
What is the name of your state? georgia


i was arrested at work from bestbuy and charged with internal theft. i went thru the court system and the prosecutor concluded that there was indeed no theft and the state dismissed the case (nol. prossed) and expunged my record. i went back to my job and asked the general manger for my position back and he outright said no... i presented him with documents from the courts signed by the judge and the district attorney but he refused to reinstate me..... do i have grounds for a wrongful termination claim?
**A: what were the reasons that you were terminated and what did you take from the store?
 

moburkes

Senior Member
What is the name of your state? georgia


i was arrested at work from bestbuy and charged with internal theft. i went thru the court system and the prosecutor concluded that there was indeed no theft and the state dismissed the case (nol. prossed) and expunged my record. i went back to my job and asked the general manger for my position back and he outright said no... i presented him with documents from the courts signed by the judge and the district attorney but he refused to reinstate me..... do i have grounds for a wrongful termination claim?
No. It is legal to terminate someone for suspected theft.
 

Beth3

Senior Member
What is the name of your state? georgia


i was arrested at work from bestbuy and charged with internal theft. i went thru the court system and the prosecutor concluded that there was indeed no theft and the state dismissed the case (nol. prossed) and expunged my record. i went back to my job and asked the general manger for my position back and he outright said no... i presented him with documents from the courts signed by the judge and the district attorney but he refused to reinstate me..... do i have grounds for a wrongful termination claim?
The criminal justice system and your employer each get to make independent decisions. The prosecutor declining to pursue the matter for (presumably) lack of evidence does not compel your employer to change their minds about any theft they believe occurred or to rehire you. This does not constitute a wrongful termination.
 

CO19

Member
Sounds like this charge occurred during the course of employment as opposed to a pre-hire situation where employer used an expunged record to make an adverse hiring decision, so they had every right to terminate you. Beth3 is correct.
 

cbg

I'm a Northern Girl
Additionally, a wrongful termination does not mean that you were fired for something you didn't do; it means you were fired for a reason prohibited by law, which is not the case here.
 

Betty

Senior Member
Agree. Ga. is an at-will employment state & you can be terminated at any time for any reason not protected by law (ie age, religion, gender) or unless you had a bona fide employment contract or CBA to the contrary.
 

abhorsen1983

Junior Member
Uh uh!

By state law, they must have a legitimate reason for terminating you. Age/gender/religion/sex ARE NOT legitimate reasons. These are things an employer can be fired/sued/prosecuted for. With no problems. At all. If a manager has a personal problem with you and that is why you terminated, you can file a retaliation claim. I am currently working with an unlawful suspension. and the manager is now under investigation. :cool:

On another note - if you seriously feel that age/ethnicity/gender/religion/skin color are valid reasons to terminate a person, might I suggest you take a walk in a live minefield? Or perhaps I may suggest you look into reasons why Hitler became a hunted rat-*******. I can't even believe anyone would mention that as valid grounds. You must be single - who the hell would consider you a candidate for any human contact?:mad:
 

pattytx

Senior Member
By state law, they must have a legitimate reason for terminating you. Age/gender/religion/sex ARE NOT legitimate reasons. These are things an employer can be fired/sued/prosecuted for. With no problems. At all. If a manager has a personal problem with you and that is why you terminated, you can file a retaliation claim. I am currently working with an unlawful suspension. and the manager is now under investigation. :cool:

On another note - if you seriously feel that age/ethnicity/gender/religion/skin color are valid reasons to terminate a person, might I suggest you take a walk in a live minefield? Or perhaps I may suggest you look into reasons why Hitler became a hunted rat-*******. I can't even believe anyone would mention that as valid grounds. You must be single - who the hell would consider you a candidate for any human contact?:mad:

The poster never even gave a hint of the idea that he thought his firing was due to a protected characteristic under Title VII. He said he was fired because his employer suspected him of theft. Suppose you show us the law that says the employer can't do that.

None of the responders said that "age/ethnicity/gender/religion/skin color are valid reasons to terminate a person". Do you even know what "at will employment" means?
 

ecmst12

Senior Member
An employer does NOT need a legitimate reason to fire someone. It is perfectly legal to fire someone for NO REASON AT ALL, or for a stupid reason like not liking their shoes. It is only illegal to fire someone for a few specifically ILLEGAL reasons, including race, gender, etc. But outside of that, the reason does not have to be anything resembling legitimate.
 

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