I recently had to submit to a backround check by my employer. 9 years ago I was convicted of a felony in another state. I have tried to resolve the matter but the state of the felony told me the only way was to go back to California and go to jail and get it resolved. My current employer found this out and I don't know what they will do. Can they legally fire me? I have been working there now for 8 months before the backround check was done. The warrent is for violation of probation and the charge was defrading a innkeeper. Please help if you can!!!
2006-08-11 19:55:47 · 14 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
In Britain, a spent conviction is considered just that. It would be illegal to dismiss somebody if they had declared that conviction in good faith. Don't know about US employment law, though, but would imagine a similar law applied.
2006-08-11 20:02:29 · answer #1 · answered by Anonymous · 0⤊ 1⤋
There are multiple possibilities with this one. If you did not disclose this felony conviction on your application when you applied for the job, and the application specifically asked about prior felony convictions then yes they can fire fire you. They won't fire you for the felony conviction, they'll fire you for falsifying your application.
Also, if the position you are working in (police officer for example) requires the applicant to be free of any felony convictions, then they can fire you. There are many jobs which require an applicant to be free of any felony convictions.
Your best bet is to talk with your boss and try to find out what the companies stand point on the subject is, and then consult an attorney who specializes in employmetn law in the state in which you work.
2006-08-11 20:03:49 · answer #2 · answered by dta_stonecold_dta 3 · 0⤊ 0⤋
Don't mean to restate the obvious, but you should definately consult a lawyer in this case!
Here's my less-than-legal advice.
If your employment is "at-will", then your employer may terminate your employment with or without a reason, so you probably won't have much to stand on legally.
If the job's contractual, read your contract carefully and determine grounds for termination as defined in that contract.
If you are part of a collective bargaining unit, talk to a union rep about this and see what can be done.
However, in many cases, "failing" a background check will be sufficient grounds for termination of employment, even with contractual protections.
2006-08-11 20:39:24 · answer #3 · answered by kx_wx 3 · 0⤊ 0⤋
If they have a personnel policy stating that they can do this then yes. Also on your original job application they usually ask if you have been convicted of a felony. If you did not tell the truth on the app then yes again they can fire you. You should take care of this warrant. They never go away.
2006-08-11 19:59:11 · answer #4 · answered by Island Queen 6 · 0⤊ 0⤋
If the original application for employment asked if there were any convictions or crimes, and it will say that "failure to disclose can result in immediate termination." Omission on your application is grounds for dismissal. My husband has had to fire someone for this before. Even some tickets count. We are in California. I'm sorry, but it doesn't appear to be good for you.
2006-08-11 20:02:52 · answer #5 · answered by Scandalous 3 · 0⤊ 0⤋
Where I am at,one has to provide a criminal record when applying for a job. Anyways if I personally was the employer and you was a good employee ( doing a good job etc ) , I definately wouldn't let you go but if I am already unhappy with your output ,it would be a good excuse to let you go ! Its been 9 yrs ago, probably immature , most people do things, some get caught and some don't !
2006-08-11 20:09:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Any false or deliberately omitted factual information asked on a job application can legally give an employer grounds to dismiss you from employment.
You can also prepare to face the consequences soon: it's a safe assumption your boss will report you to local authorities and have you sent back to California. It serves in your best intrest to retain an attorney and have him escort you back to California to be turned in voluntarily.
2006-08-11 20:05:20 · answer #7 · answered by Mr. Wizard 7 · 0⤊ 0⤋
you have been coping with this for 9 years. No DL for the previous 9 yrs. quite annoying to have self belief. properly, what i might do is visit the DMV and observe for my DL. If there's a warrant for you they are going to arrest you and extradite you back to the state the place the offense occured. that's equipped that the state needs you back undesirable adequate. maximum states won't pay extradition. this style you isn't out a airplane fare and you gets this all cleared up. Afterall, you probably did no longer thieve the motor vehicle, your chum did. good success additionally in case you already know anybody interior the police branch, ask them to run a history verify for you.
2016-11-04 10:21:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I'm sorry but yes, your employer has every right to fire you, the ONLY way to put this behind you is to go back, face up to what you did and serve your time. I truly wish you all the best and was saddened to read this, but we have to take responsibility for our actions, and learn from our mistakes. Good luck & God bless.
2006-08-11 20:06:19 · answer #9 · answered by Daydream Believer 7 · 0⤊ 0⤋
If you lied or did not indicate the matter in your employment form and sign it there is a little note there that states they can terminate you should you present false data.
2006-08-11 20:05:07 · answer #10 · answered by eternalvoid 3 · 0⤊ 0⤋