At Nassir Law Group, located in Newport Beach, California, we are dedicated to protecting employees from unjust treatment and ensuring their rights are upheld under California’s employment laws. Our Irvine-based firm recently took on a compelling case involving an employee who was wrongfully terminated based on a past conviction, despite years of exemplary performance. This case highlights the importance of challenging discriminatory practices and holding employers accountable. Below, we share insights from this case, drawn from a claims letter we sent on behalf of our client, while protecting their privacy. To learn how we can assist you, visit our employment law services page or call us at (949) 375-4734.
A Dedicated Employee Wrongfully Terminated
Our client, a skilled professional in the transit industry, began working for a California transit company in November 2022 as a Utility Maintenance Fueler. Despite a background check revealing their inclusion on the sex offender registry due to an incident from 2010—when they were just 22 years old—the employer hired them, recognizing their qualifications and potential. Over the next two years, our client excelled, earning promotions to Service Advisor and then Maintenance Shift Supervisor by August 2024, with their salary increasing from $32,240 to $85,000 annually. Their performance was stellar, with no disciplinary issues and widespread respect among colleagues.
However, on November 20, 2024, the employer abruptly placed our client on administrative leave, citing an “unsuccessful” background check adjudication. This was perplexing, as the same background information was known when they were hired. On December 3, 2024, the employer terminated our client, solely because of their registry status, despite their proven track record and the passage of nearly 15 years since the incident. This termination violated California Penal Code § 290.46, which prohibits employers from using registry status as a basis for employment decisions. At Nassir Law Group, we saw this as a clear case of wrongful termination and discrimination, and we acted swiftly to demand justice, including reinstatement. Learn more about wrongful termination on our dedicated page.
Our Firm’s Response: Demanding Accountability and Reinstatement
In January 2025, we sent a detailed claims letter to the employer’s general counsel, outlining our client’s claims and demanding immediate reinstatement to their Maintenance Shift Supervisor position. The letter, sent from our office at 4695 MacArthur Blvd, 11th Floor, Newport Beach, California 92660, also requested critical employment records and evidence preservation. We asserted the following violations:
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Violation of Cal. Penal Code § 290.46: The employer illegally used our client’s registry status to terminate them, contravening § 290.46(j)(2)(E), which prohibits such use in employment decisions. This violation, supported by Mendoza v. ADP Screening & Selection Services, Inc. (2010) 182 Cal. App. 4th 1644, entitles our client to actual damages, up to triple damages, exemplary damages, a $25,000 civil penalty, and attorneys’ fees.
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Wrongful Termination in Violation of Public Policy: By terminating our client for their registry status, the employer violated the public policy embedded in § 290.46, which protects individuals who have served their sentences from further punishment, as established in Tameny v. Atlantic Richfield (1980) 27 Cal.3d 167.
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Failure to Reimburse Business Expenses (Cal. Labor Code § 2802): The employer failed to reimburse our client for $2,636.68 in business expenses, including tools, uniforms, and mobile phone usage, plus $44 in interest, as required by Cochran v. Schwan’s Home Service, Inc. (2014) 228 Cal. App. 4th 1137.
We also demanded preservation of all relevant evidence, including electronically stored information (ESI) like emails and personnel records, citing the risk of sanctions for spoliation under Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1. For more on how we handle employment disputes, visit our blog.
Why This Case Matters
This case underscores a critical issue: individuals who have paid their debt to society deserve the opportunity to rebuild their lives without facing discriminatory barriers to employment. California’s Penal Code § 290.46 explicitly protects registrants from employment discrimination, recognizing that past convictions—especially those from over a decade ago—should not define a person’s worth or employability. Our client’s termination, after two years of promotions and excellent performance, was not only unlawful but also deeply unjust, causing significant emotional and financial harm.
At Nassir Law Group, we are committed to fighting for employees like our client, who face discrimination based on past convictions. The employer’s decision to terminate our client, despite knowing their registry status at hiring, suggests malicious intent and a disregard for California law. We are seeking reinstatement, lost wages ($85,000 annually plus benefits), emotional distress damages, statutory penalties, and punitive damages, which could be up to nine times actual damages per State Farm Mutual Automobile Insurance Co. v. Campbell (2003) 538 U.S. 408. Recent verdicts, such as Pinter Brown v. UC Regents (2024) ($9.4 million for emotional distress), highlight the substantial awards juries grant in similar cases.
The Importance of Protecting Employee Rights
This case also highlights the broader issue of workplace fairness. Our client’s role as a Maintenance Shift Supervisor posed no risk to others, and their termination was based solely on a background check that exceeded California’s seven-year limit for criminal records under Cal. Civil Code § 1786.18(a)(7). By challenging this unlawful termination, we aim to set a precedent that employers cannot retroactively penalize employees for past convictions, especially after years of proven performance. If you’re facing similar discrimination, contact us at (949) 375-4734 or visit our contact page.
How Nassir Law Group Can Help
Cases like this demonstrate why experienced legal representation is essential. At Nassir Law Group, located at 4695 MacArthur Blvd, 11th Floor, Newport Beach, California 92660, we specialize in complex employment disputes, including wrongful termination, discrimination, and wage violations. Our team is well-versed in California’s employment laws and has a proven track record of securing justice for our clients. Whether you’ve been unfairly terminated, discriminated against, or denied rightful compensation, we’re here to advocate for you.
If you or someone you know has faced workplace injustice, don’t delay—employment law claims have strict deadlines. Call us at (949) 375-4734 to schedule a consultation, or visit our website to explore our services. Our blog offers additional insights into employee rights and recent case developments.
Moving Forward
We have requested a response from the employer by January 27, 2025, and personnel records by February 12, 2025, offering a chance for pre-litigation resolution. If the employer refuses to reinstate our client or engage in good faith, we are prepared to file a lawsuit, seeking reinstatement, compensatory damages, punitive damages, statutory penalties, and attorneys’ fees. Our goal is to restore our client’s career and send a clear message that discriminatory terminations based on past convictions are unacceptable.
Stay tuned to our blog for updates on this case and other employment law matters. At Nassir Law Group, we are proud to fight for workers’ rights and uphold California’s protections against workplace discrimination.