Legal Termination or Discrimination?

[sunwolf]

A 47 year old man was indicted by a grand jury on 2 charges of stealing $50.00 from the US Postal Service, several months after he had terminated his employment with them. He had been working for a florist for the past nine months and when the florist found out about the indictment he was told he could no longer work there due to issues concerning the Employee Dishonesty Insurance coverage that the florist has. His work record at the florist was impeccable and there was no theft, criminal activity, or even any hint of anything untoward concerning his work at the florist. Since he has only been charged with a crime by the USPS and is "innocent until proven guilty", can this termination by the florist be considered discrimination or any type of slander?

 

[Attorney_Replogle]

In my opinion there may well be a case for wrongful termination. However, only a labor lawyer in your area could best advise you. He or she should obtain a copy of the Employee Dishonesty Insurance to check the terms of that policy. You can find an attorney near you at attorneypages.com

------------------
Mark B. Replogle

 

[lawguy]

some states (like california) make it illegal for employers to use arrest records. but, they can use "a reasonable belief about the alleged activity" to fire you.

so, it may be improper for the florist to fire an employee simply for being arrested, but it may be legal for the employer to judge, based on what he reasonably believes to have happened, that the employee is no longer fit to be employed.

basically, there are very limited rights against being discriminated against for being involved in criminal activities (or being "reasonably suspected" of being involved). a "blanket rule prohibiting the employment of anyone who is arrested" may result in adverse-impact discrimination, since the rule will probably impact some minority and ethnic groups more than others. but, if it isn't a "blanket rule" and the employer determines the suspicion of wrongdoing creates an unreasonable risk in his own business, the policy may be legal.

so, indeed, talk to a local employment lawyer to determine your rights. they often give an initial consult for free. contact your local bar association for a reference.