Fired for jail time am i eligilable for a lawsuit?

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Latest post Mon, Jul 19 2010 3:53 PM by LynnM. 9 replies.
  • Sat, Jul 3 2010 12:10 AM

    Fired for jail time am i eligilable for a lawsuit?

    i was arrested for a pfa VIOLATION and it was mostly due to a drug problem my girlfriend had made a deal saying if i took a guilty plea and had drug and alcohol classes i could get out that day in court and i also took that guilty plea because i had my project manager tell my mother that i didnt have to worry that my job was safe so thats another reason y i took the guilty plea and when i was released from prison i was ignored by my employer for 2 weeks till he finally told me he already started the interviewing process for a new employee and that he could not take me back that i should check back in a month and he will see if he can squeeze me in and its been 4 he didnt want to hear my situation and i only spent 10 days in jail and worked for them for 7 months and now i am unemployed and on my way to being homeless and i cant file for unemployment till july 6th so is this wrongfull termination or am i *** out of luck please help i do not kno what i should do????

  • Sat, Jul 3 2010 1:33 AM In reply to

    Re: Fired for jail time am i eligilable for a lawsuit?

    "i only spent 10 days in jail and worked for them for 7 months "

    Being absent from your job (other than with FMLA protection which doesn't apply to jail) is a valid legal reason to lose your job.  

    "so is this wrongfull termination"

    No.  Wrongful termination is when someone is terminated because of their age, race, gender, religion etc.  Title VII reasons prohibited by law.  Getting arrested and landing in jail is not protected by law.  

    "i cant file for unemployment till july 6th"

    You may not be eligible for UI benefits.  Some states consider getting arrested and jailed egregious misconduct and do no award benefits.  It is very state specific and you should file.  

    "what i should do?"

    Find a new job ASAP.  Your employer did nothing illegal.

    In the future please use proper sentences, capitalization, and punctuation.  Your post is VERY hard to read without it.  Also contain your post to one forum.  Multiple posts aren't necessary and violate site rules.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Jul 3 2010 2:21 AM In reply to

    Re: Fired for jail time am i eligilable for a lawsuit?

    Thanks for stating the obvious, sorry for the lack of commas dots and capitalization, with this screwed up world i have the hardest time finding a job but thanks for nothing from what i hard is that if u have a drug problem that u cannot be fired for that. But i did apply for benefits and was denied it because i did not meet the max of income i needed to collect thats all they told me and i selected the icon for being incarcerated so i have to wait till july 6th so i can add 4 qtr 09 and 1st qtr 10 to get the max out of the benefits and i live in pa so do u kno if being in jail effects me from excepting unemployment after being in jail for 10 days for a civil contempt? 

  • Sat, Jul 3 2010 2:58 AM In reply to

    Re: Fired for jail time am i eligilable for a lawsuit?

    Being fired for spending 10 days in jail is not a wrongful termination. So, suing your ex-employer here won't get you anything. As for what to do next, well, you know what you need to do: file for the unemployment benefits (and hope your claim is not rejected) and look for a new job. And if you haven't overcome the drug problem, that should be a priority. Drug addiction will continue to mess up your life up if you don't get that under control.

  • Sat, Jul 3 2010 7:38 AM In reply to

    Re: Fired for jail time am i eligilable for a lawsuit?

    "what i hard is that if u have a drug problem that u cannot be fired for that."

    Some of the most dangerous and misleading words are "I heard" when it comes to the law.  That and "someone told me" there is no law that says they can't fire you for having a drug problem.  If an employee qualifies for FMLA protection they can get up to 12 weeks leave for drug treatment without concern for losing their job.  

    However if an employee shows up to work impaired and under the influence of drugs the employer has every legal right to terminate them.  Having a drug problem is not a protected characteristic. 

    "i live in pa so do u kno if being in jail effects me from excepting unemployment after being in jail for 10 days for a civil contempt? "

    No one can predict how the UI folks evaluate being arrested and jailed.  I have heard of other cases where someone did collect UI after being jailed.  I am certain it is very case specific and each application under those circumstances is evaluated on it's own merits.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sat, Jul 3 2010 11:36 AM In reply to

    Re: Fired for jail time am i eligilable for a lawsuit?

    The only protection drug users have is under the ADA, if your employer has at least 15 employes, or FMLA as the previous responder already stated.

      However, under the ADA, you must be in treatment and currently NOT using.  The ADA does not protect current users.

  • Sat, Jul 3 2010 11:42 AM In reply to

    • Jeanne866
      Consumer
    • Top 200 Contributor
    • Joined on Wed, Feb 27 2008
    • CA
    • Posts 181

    Re: Fired for jail time am i eligilable for a lawsuit?

    Anyone can sued for just about anything.

    Don't confuse the possibility of being able to sue with the possibility of winning.

    You are free to file for UI benefits and see what the UI people say. Expect your former employer to contest your claim. But, you are in a nothing ventured, nothing gained situation. The worst that could happen if you file is that are exactly where you are now.

  • Mon, Jul 5 2010 10:22 AM In reply to

    • Beth3
      Consumer
    • Top 25 Contributor
    • Joined on Sat, Mar 24 2001
    • Posts 5,466

    Re: Fired for jail time am i eligilable for a lawsuit?

     from what i hard is that if u have a drug problem that u cannot be fired for that. 

    You weren't fired for having a drug problem.  (Actually, you CAN be fired for having a drug problem; you cannot be fired for having had a drug problem.  Please notice the past tense.)  You were fired for being unavailable for work for 10 days.  

    so do u kno if being in jail effects me from excepting unemployment after being in jail for 10 days for a civil contempt

    The reason for your incarceration is irrelevant for UC purposes.  The State will decide but I'd guess you will not be eligible as you were unavailable for work for reasons entirely within your control.  Had you not chosen to get involved with drugs, you wouldn't have been convicted and jailed.

  • Mon, Jul 19 2010 2:49 PM In reply to

    Re: Fired for jail time am i eligilable for a lawsuit?

    thanks for your insight it wasnt a drug problem i was just looking for some reason to back at them for firing me after all the money i made them and i was never in any trouble with them before i have never been writen up andthis was my first incident i was incarcerated on a pfa violation do to a female coming to my house and starting drama so i called the cops and they locked me up so im just waiting for uc to determine if i can get benefits. so if i have a clean record with them i dont see y i shouldnt get benefits

  • Mon, Jul 19 2010 3:53 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Fired for jail time am i eligilable for a lawsuit?

    You won't get benefits because you were fired for cause - not showing up for work.

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