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    Gary MOore's Avatar
    Gary MOore Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 31, 2008, 06:18 PM
    I lost my job
    I Have Two Dwi I Felonies In Upstate Ny And I Just Recently Got Terminated From This Job Because The Back Ground Check That Was Done. What Are My Rights
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 31, 2008, 06:34 PM
    Did you tell them on the application you had the ffelonies? If you listed this on the application most likely you may have a case, But yes they can terminate you unless you have a written contract or perhaps a uniion contract.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #3

    Jul 31, 2008, 09:59 PM
    I'm just assuming something here about the application process since you haven't yet responded to Fr_Chuck's question. But, if the case is that you weren't completely honest on an application, then I agree with Fr_Chuck concerning his answer. He also makes other fine points in it.

    Regardless of whether you have a case or not, what I would recommend is that the next time you apply for a job, that you be completely honest on an application. You could even attach an additional piece of paper to the application describing what you did and how much you have learned from making those mistakes, how sorry you are and your commitment to not making those kinds of bad choices again.

    I have never seen an application where you were not allowed to attach an additional piece of paper with information concerning you. If you do that, it might just get your foot in the door, so to speak.

    Another suggestion that I have, and these would be for positions where perhaps you don't have to fill out an application but submit your cover letter and resume, would be to bring this up during an interview and tell the interviewer the same things that you might write on an addition to an application as I have already described.

    I wish you well!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 1, 2008, 07:36 AM
    Quote Originally Posted by Gary MOore
    I Have Two Dwi I Felonies In Upstate Ny And I Just Recently Got Terminated From This Job Because The Back Ground Check That Was Done. What Are My Rights


    NYS is an employment at will State - you can be discharged for pretty much anything at any time (unless you have a Union contact).

    If your job performance could have been comprised because of your felony history (you were a driver, they couldn't get insurance for you), then, yes, they can let you go.

    If you misrepresented your criminal history, yes, they can let you go.

    If they hired you pending a criminal check, yes, they can let you go.

    I think it would be very difficult have an opinion on proving discrimination without knowing more of the circumstances of the hire, job, background check.

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