MTA/NYCTA Is looking to fire me

[theyanks]

Hi to all, let me begin by explaining that I work for NYC Transit Authority. I recently was arrested and charged with attempted petty larceny and attempted possession of stolen property in the fifth degree. I have no previous criminal record and my criminal defense attorney assures me that the case will be settled with an ACD or (dismissed). I reported my arrest to Transit Authority as I was suppose to do. My employer is now seeking my termination on the grounds of behavior unbecoming of transit employee. They are looking to terminate me before the outcome of the case. I am asking for your help In this situation, what legal steps should I take? Can Transit Authority fire me based on a police report before knowing the outcome of the case?*
Thank You*

 

[cbg]

Unless you have a union or other contract that says otherwise, yes, they can. They can, in the words of a prior poster, fire you for wearing (or not wearing) green socks if they choose to.

 

[theyanks]

Well thank you I stated in the post Union Member I would like an Advice and Not Your Opinion thank you

 

[cbg]

That is not opinion. That is legal fact. Unless your union contract (and I have not read your union contract) specifically states that you cannot be fired for a police report in advance of a complete investigation, or like wording, then you can be. It is legal fact that firing you for this reason is not prohibited by law. It is legal to fire you for "conduct unbecoming" as far as the law is concerned.

It may be prohibited by your union contract. However, as I said, I have not read your union contract. I very much doubt that anyone else here has read your union contract either. You are at liberty to discuss the matter with your union steward.

Have a good day.

 

[shrinkmaster]

Is it wise to name your employer on public forum?

 

[theyanks]

I am NOT Gilty I have nothing to hide I was accused but never stole anything and the case Will be dismissed so again I would like to ask for your help and not to question my motives or otherwise if you can suggest the proper way I can defend my self than please I have contacted labor law attorneys and was told TA can't fire you based on the prior practice again if you have a meaningful suggestion than please if not refrain from nonsense thank you

 

[mightymoose]

I believe your question was answered, but I will simplify.
Generally, yes they can fire you.
However, you should check with your union representative to find out if you have any protections against this.

 

[theyanks]

So you are even if I am found NOT Gilty by a judge well I guess a law suit will b filed

 

[shrinkmaster]

Yes even if unless your Union contract or local law forbids it

 

[guestpost]

They cannot fire you, unless you are found guilty.

 

[shrinkmaster]

They cannot fire you, unless you are found guilty.

This is incorrect Google "at will"

 

[guestpost]

The question was answered whether your guilty or not. I hope whoever alerted you that you can't get fired... Knows the bylaws of your contract as well..

 

[guestpost]

I do know the contract and no they can't fire u before the outcome of ur case

 

[guestpost]

Sorry dude but you did something stupid and now your paying the price. People don't get arrested for nothing. The only thing the law gaurantees you is if you show up for work you are entitled to get paid for 8 hours. Other than that there is no right to work and you can be terminated at any time with or without cause. Talk to your shop steward. If you try to do this on your own your toast.

 

[guestpost]

as a retired two officer u can be terminated for accepting an acd u need to go to trail and have all the charge dismissdre (retired chairmen and ex board officer signal line equip % power division 1966-1984)