I have been suspended for a pending ordinance violation. It is being amended. Can they still terminate me?
In October I was issued an ordinance violation in the state of Wisconsin for shoplifting. It was a matter of wrong place, wrong time, with the WRONG PERSON. On January 6th I had a court date for the matter, and during a pre-trial conference the city attorney decided to amend my charge. If I complete community service, my charge will become trespassing. This is an alternative to having it dismissed, since I am over 21 (under 21 would have led to a dismissal). After my court date, my employer found out about this pending charge (it is in the system as shoplifting until my service is complete). They put me on unpaid leave, which they can do according to state law. But what concerns me is this: they said that my future can not be determined until after this is amended in the system. So even if my charges are changed, and my record shows no conviction of shoplifting, they might still terminate me. They were not even aware of this until a co worker looked me up online (wisconsin has public access to court records) and printed out my pending charges. There are other employees with worse criminal records, and employees that do drugs, but because this company doesn’t background check or drug screen, they will never be terminated. I have been with this company for five years, and have never even been written up. I have perfect attendance, and I had just accepted a promotion. My local and district managers don’t want to lose me…someone sent this over their heads. Do I have any rights? Remember, the key is this: my employer is retail based. In one week, I will not have a shoplifting charge on my record. I have nothing negative on my file, just a bunch of good reviews and customer compliments.
the reason they are amending it is because I didn’t shoplift, the person I was with did, and I was naive enough to think she wouldn’t. I can’t afford to have it fought in court to be completely removed. So, if my employer had seen this in it’s final phase only (which it will be in by next week) there would not be any shoplifting. I don’t steal, in fact, I am on a committee at work that monitors shoplifters.
I was naive enough to think that if I cooperated with police, I would get this cleared up. Cooperating just got me in deeper and deeper. I have severed all ties with the other person, and I am doing my best to move on. What hurts the most is that my court date went sooo well…an agreement was made, and I was on my way back "up". My suspension was supposed to last until march 5th (when my court date was supposed to be) but after speaking with the city attorney, she is going to amend it as soon as I get community service done. I have been nothing but successful at this job…like I said, my promotion was supposed to start in three days…I am one of their top employees. Customers know me by name, and talk to me when they see me outside of work!! This means a lot to our district people…but it doesn’t mean a thing to the "higher ups".
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this is complicated but basically what it comes down to is that unless you have union protection you can be terminated at any time for any reason or no reason. Here is what I would do. IF and only if you have circumstances like you were with a child that stole and you did not know or younger brother or something in that line or other circumstances that point to complete innocence you explain all the facts to the employer and beg mercy. If you try to get legal with this you lose every time! Good luck post more details and we can be more help
Your really have no rights. Your employer can terminate you for any reason at all, and a shoplifting charge (by WHATEVER name) is certainly a valid reason.
If you are a great employee,your employer would be foolish to fire you. But they still might.
I guess you’re saying that a shoplifting charge means a lot but a trespassing charge means nothing. (To your company) Why not plead not guilty? You already have time on your hands. If it’s clear you didn’t do it, the state will drop it if you say you want to go to trial IMMEDIATELY, even if you have to represent yourself.. Since you don’t have a job, you are entitled to free counsel, so call the public defender’s office and say you want a trial on your next court date. He can then pressure the DA to drop it immediately. If the store was over the top in your arrest, you could sue for lost wages.