California Labor Law once again has demonstrated itself to be a protector of employees, as one former Allstate Insurance Co. employee can attest. A jury recently awarded the employee more than 18 million dollars in a wrongful termination lawsuit in San Diego Superior Court on allegations that Allstate did not have grounds to fire him in 2015.
The outcome here hinged largely on CA Labor Code, 432.7, which states no employer shall determine any condition of employment on “any record of arrest or detention that did not result in conviction.” That means if an employee is arrested, but the charges were dropped or the person was found not guilty, the employer cannot use it as cause to fire the employee.
That’s exactly what plaintiff claimed happened at Allstate, according to an article in San Diego Union Tribune. Plaintiff had been arrested on two charges of domestic violence and possession of marijuana paraphernalia. Two charges were dismissed shortly after. The third charge of domestic violence disorderly conduct was also dismissed six months after the others upon plaintiff’s completion of an anger management course. Continue reading