I currently work at a department store for the past three weeks, But I am on paid suspension because of a past shoplifting charge that was wrongful put on me. I am still a minor till July, but I didn't think it was on my record because I said it wasn't me and I never recieved any paper saying that I was charged with anything. I didn't even pay a fine. But now they say they might have to fire me because of an incident that happen 6 years ago.
Is that legal? Also, can I fire for unemployment if they do fire me, because there is no legal grounds for my dismissal?
2007-04-19 15:58:07 · 14 answers · asked by Jackie 1 in Politics & Government ➔ Law & Ethics
EDITED:
I never was charged with anything
At least nothing I know of
They didn't make me sign anything nor did I get a fine.
If it was on my public record, wouldn't I have known about it?
Also, I did check "no"on my application when they asked if I committed a crime, which I was never it was never charged with.
If I was charged with it, I think on my application it asked if I committed a crime/charge with a crime in the past 5years. So I figured I didn't and it has been past 5years.
I work at the place that I was accused of shoplifting at. I happen to be with the person that DID the shoplifting.
I think I was in 5th grade when that incident happen.
I am very confused.
2007-04-19 23:17:25 · update #1
Did you disclose the information on your application? If you did NOT, they can fire you for not disclosing the fact. You should have stated what happened, and also the results of the incident.
2007-04-19 16:04:33 · answer #1 · answered by johN p. aka-Hey you. 7 · 3⤊ 0⤋
A lot of the answers you are being given are not correct, unfortunately.
I'm trying to read between the lines here, but it sounds like the company did a criminal background check on you. And if these charges are on your record, the company legally can terminate you for falsifying your application (if you stated that you did not have any convictions or if you stated that you have never been arrested, then you are considered to have falsified your application).
The other issue is that shoplifting is a crime that is in direct conflict with working in a department store. So, for the company, there is a concern that this conviction means that you are at risk for employee theft. Just because you did not admit to the crime, did they charge you for this crime through the courts?
But here's the fact to consider...you stated that you are on paid suspension right? That means that they are investigating this record. If the record turns out to be false, they may reinstate you. But be very careful. If you go in and handle this issue unprofessionally, they may decide not to keep you as an employee, because of how you reacted to the situation. So, make sure that when you are in contact with them that you do not threaten, yell or get angry with them. If you do, they will most likely decide that they do not want your employment reinstated. For any interaction, just make sure that you stay professional and courteous. The department store hired you because you must have people skills, so prove to them that you have integrity and can handle this issue in a way that shows your people skills. If so, they most likely will realize that you are worth returning to work, especially if you have shown professionalism and a good track record before this issue.
As far as unemployment, you would have to check with the unemployment agency where you live. Each state in the US has different rules.
Finally, the employer most likely is an at-will employer, which means that they can terminate you for any reason at all.
I know that what I'm stating here is not what you wanted to hear, but this information is based on my recent college training in employment and labor law.
2007-04-19 16:15:23 · answer #2 · answered by Searcher 7 · 1⤊ 0⤋
Absolutely they can fire you if you are in an employment at will state (most states). They can fire you for any reason other than being in a protected class.
Did the application ask about past misdemeanors or only felonies? Is anything on your application incorrect? If it is, that would be grounds to deny unemployment compensation for 6 months (more or less depending on the state you live in). If you didn't put anything incorrect on your application and they still fire you (which they can do), then it will be easier for you to collect unemployment.
2007-04-19 17:24:10 · answer #3 · answered by Scotty 4 · 2⤊ 0⤋
It depends on an number of factors. Many states are "at will" employers, which means they can fire you at any time for any reason or no reason at all; however, if they cannot prove they fired you for just cause, then you would be eligible for unemployment.
As far as it being just cause, much will depend on questions on your application and how you filled them out. If you were asked if you were ever arrested and you were, but you put "No" on the application, that would be fraud and they have just cause for terminating you.
2007-04-19 17:27:50 · answer #4 · answered by bottleblondemama 7 · 0⤊ 0⤋
they can fire you because they don't like the way you look. They don't need a reason at all. You can usually file for unemployment if you get fired, but unless you are working there full time, It's not going to pan out to be much.
2007-04-19 16:08:24 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If they found it on your background check then that means you were charged with it. It wouldn't show up on your record if it was dropped. So there are legal grounds for your dismissal, whether you stole the item or not.
2007-04-19 16:03:31 · answer #6 · answered by ♥ady_8e_80♥ 4 · 0⤊ 0⤋
definite, it form of feels that you've an fairly valid criticism the following. i ought to contact the corporate workplace if one exists, and also evaluate contacting a legal professional. i'm very a lot antagonistic to proceedings frequently and understand the right of merchants to detain shoplifters, yet formerly doing so, they extra effectual be proper, and extra effectual fess up and attempt to make it proper in the adventure that they do make an blunders.
2016-12-04 08:26:05 · answer #7 · answered by signorelli 3 · 0⤊ 0⤋
i was charged 28 years ago for an assault and battery that i was not aware i had until i put in for a job...and its on my record..i had to pay a lawyer 420 dollars to have this charge expunged from my record plus court cost..its been six months and i may get this court date to have my record cleaned by by May23..but yes,,have your record checked and get this off of your record as it will follow you for a long long time and could cost your jobs and much embarrassment
2007-04-19 16:04:41 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Well take it to cort. and yes the still do have the right to fire you for steeling at the store.
2007-04-19 16:07:16 · answer #9 · answered by Wiz 2 · 0⤊ 0⤋
No, they can't do that. You can't get unemployment because you are not an adult or emancipated. But, if you were not charged with the crime, they can't consider it. I suggest you have your parents take you to see an attorney about this.
2007-04-19 16:42:03 · answer #10 · answered by cyanne2ak 7 · 0⤊ 2⤋