Unfair Fine for Provision of Alcohol to a Minor

[InjusticedFamily]

My question involves criminal law for the state of: California. My wife was working at a convenience store and was busted in a sting operation focused on selling alcohol to minors. She lost her job as a result She went to court on it and got fined $3,900 for it. Afterward, we found out through talking to some people and even another convenience store manager that the fine was $1,100. Still expensive but a lot cheaper than what my wife got. Can this be contested or retried? Also, my wife was not in her right mind at the time and even asked if someone else could work her shift because she did not feel competent to do her job at the time, her employer refused but sure didn't have any problem finding someone to replace her after this happened. (She found out that her son had possibly been molested by a family friend (now an ex-friend). We can not afford a lawyer and the public defender that she had convinced her that she had no case. Also, is it possible to sue her ex-employer for wrongful termination? The convenience store is owned by a national corporation which also happens to be one of the big oil companies.

[BOR]

My question involves criminal law for the state of: California. My wife was working at a convenience store and was busted in a sting operation focused on selling alcohol to minors. She lost her job as a result She went to court on it and got fined $3,900 for it. Afterward, we found out through talking to some people and even another convenience store manager that the fine was $1,100. Still expensive but a lot cheaper than what my wife got. Can this be contested or retried?

You need to research the exact law she was cited under, and see what the fine is, inclusive of costs.

If she was fined 3,900, I can't see a court having no such authority to do so??

Arguendo, say she was in fact overly fined, that can be appealed to a higher court and or motion the current court to reconsider the fine, and cite applicable law.

Also, is it possible to sue her ex-employer for wrongful termination? The convenience store is owned by a national corporation which also happens to be one of the big oil companies.

No, there was nothing unlawful about her discharge, as the court decided she did indeed violate law. No doubt she was employed "at will", meaning, absent a discriminatory motive, the employer can fire with or without cause.

Let's assume this employer is cautious in terminating employees "without cause" to decrease possible litigation, this was certainly "with cause".

[cdwjava]

She lost her job as a result She went to court on it and got fined $3,900 for it. Afterward, we found out through talking to some people and even another convenience store manager that the fine was $1,100. Still expensive but a lot cheaper than what my wife got. Can this be contested or retried?

Probably not. She can check with her attorney to see if there is time to appeal, but she should first obtain a breakdown of the fines and fees. While the fine might have been about $1,100, when you add in assessments and fees, that can add up to something much larger.

Plus, without knowing what section she was convicted under, it's impossible to say what the base fine was to begin with.

But, according the California Bail and Fee schedule, a conviction for B&P 25658(a) holds a fine of $1,000, and has some $2,800 in fees and assessments ... so, the recommended $3,800 is about on target with the $3,900 she was fined. I do not see that she has any grounds to complain.

And, all because someone else might have gotten a lesser fine does not make her fine unlawful or even "unfair". As long as the base fine and the assessments are within the law, that's about it.

Also, my wife was not in her right mind at the time and even asked if someone else could work her shift because she did not feel competent to do her job at the time, her employer refused but sure didn't have any problem finding someone to replace her after this happened.

If you think she has a complaint against the employer, she can take him to small claims court ... I can't imagine she'd succeed, but she can try.

Also, is it possible to sue her ex-employer for wrongful termination?

She can sue anyone she wants ... she just probably won't win. It's kind of hard to sue for wrongful termination when you are convicted of providing alcohol to a minor. I suspect MOST employers are going to want to cut their losses and run. It sounds to me like they had good cause to fire her. Now, if she can manage to convince a jury that she had never been trained in the proper way to sell alcohol or check for ID, she might stand a chance ... but, I doubt you are going to get an attorney to take such a case without payment up front.

- Carl

[Betty3]

Agree, no wrongful/illegal termination here. It's only a wrongful termination if you are fired for a reason prohibited by law (ie age, race, religion . . . ).

[BOR]

Probably not. She can check with her attorney to see if there is time to appeal, but she should first obtain a breakdown of the fines and fees. While the fine might have been about $1,100, when you add in assessments and fees, that can add up to something much larger.

That's the word I was thinking of, assessments, and was stuck on it when I said costs.

[cdwjava]

There are some more specific terms for them, but I just broadly categorize these things as "fees and assessments" ... they're add-ons to help keep the courts functioning.

- Carl