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scole

Terminated for false criminal charges

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My wife left her son at home while I was at work and the the police wound up being called by animal control and so was cps. I worked for a law enforcement agency. We met with cps and they did not continue any charges and the case was closed. We never heard from the police agency who was handling the case from the time it happened in august to the time i got a summons last week. All of the charges were dropped by the other agencies and we were told by cps that the charges would be dropped or "sit on a shelf" but all of a sudden the states attorneys office is deciding to charge us with child neglect. We are married but he is not my child nor have I adopted him. I don't as at work at the time everything occurred and all of our statements document this fact however I am being charged with child neglect and I had no idea what was going on. I originally thought we were condefendants but we have separate court dates. I've never committed anything in my life and have a masters degree. When I received my preliminary inquiry they told me I was not being charged however my job fired me with a notice that was dated the day before. Can I sue my employer for wrongful termination because I feel like I was charged just so they can get rid of me. Any advice would be great.

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A wrongful termination means that there exists a specific law that would otherwise prohibit the employer from firing you. What law do you believe was violated by terming you?

 

 

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I believe the fact that I am American american with a 91% white agency, a female, and LGBT was the reason they wanted to get rid of me. However they could not do it based on my work because I was exceptional at my job

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Hi @scole

 

Welcome to the community and thanks for posting. So sorry to hear about your situation with your employer! We have some helpful materials about  wrongful termination that you may want to check out:

 

You may also want to speak with an employment attorney to discuss your options at this point. To find an attorney in your area, you can use the FindLaw Lawyer Directory -- many offer free consultations.

 

Best of luck!

The FindLaw.com Team

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On ‎10‎/‎23‎/‎2016 at 0:30 PM, scole said:

I believe the fact that I am American american with a 91% white agency, a female, and LGBT was the reason they wanted to get rid of me. However they could not do it based on my work because I was exceptional at my job

What leads you to believe these are the reasons rather than the fact that you were charged with child neglect? The fact that it is not your legal child means nothing. Nor does the fact that you were at work. Neither of you were present. That was the problem. Who is held responsible for the neglect is for a court to decide.

 

If you are in the public sector, your termination is governed by the rules and regulations of that agency. I have a feeling there is much more to the story (just the fact that animal control is somehow involved reveals that much), but based on what you shared, it is legal to terminate based on a criminal allegation, particularly if it relates to your employment. If you do work in law enforcement, breaking the law yourself would be a valid reason. Your employer does not have to prove you are guilty in the way a court must, but if you are public sector, then you do have due process rights, per your agency/union.

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