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How many times must I face these charges? Employee appeals dismissal after assault charges dropped

August 2025 employment law letter
Authors: 

Mark Schickman, Schickman Law

Once you’ve litigated something, you surely don’t want to litigate it over and over. The law has two doctrines to deal with that—one called “collateral estoppel” and the other “res judicata.” But does that mean your suspicions and evaluations of an employer can be preempted by a court decision in a case you had no part in? One terminated employee seemed to think so.

Accusations of domestic abuse

Jonathan Egelston began working for the California Department of Corrections and Rehabilitation (CDCR) as a youth correctional officer in 2009. As a department employee, his conduct was governed by various rules and regulations, including that he act with professionalism both on and off duty, refrain from committing assaults, and cooperate and be honest with outside law enforcement and the department’s internal affairs representatives.

On November 17, 2021, Egelston’s then-live-in girlfriend J.G. went to the Ventura County Sheriff’s Office and reported that the previous night he had slapped her, grabbed her by the jaw and wrist, choked her, and spit in her face. The deputy who interviewed her noted seeing a bruise forming on her wrist and took photographs of her wrist, neck, and face.

That same day, Egelston repeatedly called J.G.’s cellphone without receiving an answer and sent her numerous text messages in which he demanded that she come home and threatened to take her young daughter if she didn’t comply. Based on the totality of the circumstances, the deputy determined Egelston committed domestic violence against J.G.

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