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Was this company in the wrong for firing me?

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favabean1982

Junior Member
So, here’s the situation. This all takes place in Wisconsin, just to let you know right off the bat.
I have some misdemeanors in my background-I made some mistakes, was arrested in 2005 and was eventually convicted in November of 2006 for trespassing and being caught with stolen property. Since then, I’ve made every effort to overcome and move on from these errors, primarily through getting married and had a child, receiving a college degree, currently owning a home and having worked numerous decent jobs, all of which have required a background check I’ve consistently been able to pass.
Throughout this year, a friend of my wife had been courting me to come over to their company based on some experience I have that could make me a good fit. After some hesitation, I eventually agreed to interview, was offered a job on the spot and, due to the closeness of the office to my home and the opportunities for advancement I was willing to take a pay cut from the position I was in at the time to start this new job. It seemed like I’d found a good place to continue my career.
Before I started, I had to complete a good amount of new hire/onboarding information online, which included a background check authorization. Following this, I still needed to come into the office before I started to complete a few additional pieces of physical paperwork, which I assumed was payroll information or something along those lines.
My assumption, however, was incorrect-the paperwork included another background check form. Confused as to why I had to fill out another one AND why I was able to start if the background check hadn’t been completed yet, I still filled it out, disclosing my misdemeanors once more. Now armed with this information, as I sat at the office the person who was handling my paperwork then took a long time having to verify if I could actually start, which included speaking with my new manager/boss and checking to see if enough time had passed since the conviction occurred, which was seven years. This person eventually determined that enough time HAD passed and allowed me to start-at this point, I was ready to leave the office and return to my prior job if this wasn’t going to work.
As I started my first day, I soon realized the person who had handled my paperwork, as well as myself, had both made an error-I was officially charged with a misdemeanor in April of 2006. This must have been what that person had seen, and saw it as the conviction date, which was wrong-that date wasn’t until November. I had admittedly also made a mistake by not remembering this fact and bringing it to their attention, but I’ll be honest, after nearly seven years (by the time this whole process took place for this new job it was September, and in reality it had been eight years since the crime actually occurred) I had moved on and didn’t even think about it anymore. Quite simply, it slipped my mind. Plus, I was just eager to start!
And I did. I worked at the company for two weeks, during which time I took to the job very well, met some interesting people and even received some compliments. However, during this time my father-in-law also ended up falling extremely ill. I kept my supervisor abreast of this, as it wasn’t looking good-in fact, at the end of my second week on Friday, he passed away just as I was about to take my lunch break. Needless to say, I let my supervisor know and hurried over to the hospital to be with my wife and family. To say it was a rough weekend following this experience is an understatement.
The funeral was planned over the weekend for the following Wednesday-I decided I would come back to work on Monday and Tuesday and take Wednesday off for the funeral. I was also planning on taking Thursday off, as I knew Wednesday would be an emotional experience and I wanted to be there for my wife the day after. Following a difficult weekend, I was actually looking forward to going to work and taking my mind off everything. Since I had left things with my supervisor a bit up in the air with regards to my abrupt departure on Friday and uncertain date of return, I sent her an email Sunday night, letting her know I would be there the next day, unless she had other thoughts.
Turns out, she did.
The following morning, as I was getting ready for the day, I received a phone call from her, letting me know that my background check had come back and that, due to the severity of my crimes and the amount of time that had passed (it wasn’t quite seven years yet, as mentioned), they were going to have to release me.
To say the least, I was devastated. In the wake of the death and getting fired I now had to tell my wife, who just lost her father, the bad news, in addition to her family as well as mine, all of whom I’d been telling about my new job. Plus, I had a friend who worked at the company, a friend I didn’t even realize worked there until I started, and I now had to explain the situation to them. Furthermore, the friend of my wife who had worked to get me the job probably should know what happened, and I NEVER wanted to tell them about my criminal past. It’s my business, and since this friend, also a supervisor, has no hand in background checks or learning about people’s pasts, I felt comfortable keeping it all a secret. It’s a terrible situation to be in.
Were they in the wrong for letting me go? I realize background checks can sometimes take a while, but this one took almost two weeks to come back. I had even kept the door open with my last job just in case the background check didn’t work out for me (a practice I’ve adopted for years), but once the first week was done I felt comfortable settling in to my new position for the long haul. I don’t know if their reason for firing me is secretly due to the quick way I left the office the day my father-in-law died or what, but either way it really upset me and made me feel like, after all these years, after all my hard work, after holding down numerous jobs where a background check was required and passing all of them, I still haven’t made any progress and my background will continue to be a hindrance for me. It’s a real blow.
I don’t recall seeing anything on any of the paperwork I filled out about a seven-year timeframe that needed to have passed since a conviction was handed down-this wasn’t brought to my attention until that aforementioned visit before I officially started. Plus, for them to let me go with only about a month to go until the seven-year anniversary seemed like a pretty large slap in the face as well-so close, yet no cigar. I understand if this was their policy, but again, for them to let me go with so little time left, for them to let me go after not doing the proper check beforehand (I again acknowledge I could’ve been better about remembering the exact dates, but after the first week of employment had officially passed I didn’t think it was a problem) and for them to let me go after I had worked there for a full two weeks (even in spite of my father-in-law’s death) really hurt. I take full responsibility for what I did nearly a decade ago, and it really goes against everything I’d been told since then-work hard and you’ll be fine. Apparently, that just isn’t true in this situation.
They did say they would be in touch if they would need me again once the seven years had officially passed (again, in about a month), but I find this difficult to believe.
Thoughts? If I’m just being a whiny complainer, you can tell me. I’m just trying to grow as a person and make sense of all this. Maybe a slap in the face is what I need.
 


cbg

I'm a Northern Girl
We don't know yet. :)

Try again, and this time don't use the preview feature. For some reason it eats posts.
 

commentator

Senior Member
Okay, you live in an "at will" state. You can be terminated any time for any reason, pretty much of it legally. Even if they'd had paperwork that you signed that stated you had to have been without a conviction in the last 7 years, they could've fired you anyhow. If you had been told you wouldn't have a problem, and then they decided to have a problem with it, in the absence of a binding hiring agreement, which you didn't have, they didn't do a thing illegal by terminating you. Were they "in the wrong"? Morally, emotionally, certainly in your opinion, but legally, no way.

Perhaps the thing with your being off during the first few days was a big deal. Maybe you just turned out to be a problem employee. Perhaps they did decide they'd made a hiring mistake for some other reason. But no matter. You left the job you had to take another job. You worked at the other job for a few weeks. You were told you were being terminated. So file for unemployment insurance begin looking for another job, wait and see if you will be rehired when the time is up for your conviction to be seven years ago. I would strongly strongly suspect they will not rehire you then, but I've been wrong before.

When you file for unemployment benefits, leave off about 90% of the verbal detail you have provided here about your work situation including details about your crime, your rehabilitation of yourself, your family, your marriage to a wonderful girl, your father in law's health, your emotional state, and how humiliated you are that you have to explain this to your friends. Those issues aren't really relevant to anything. When they ask "Why were you told you are no longer working at your job?" be very succinct. Be sure you tell them you gave them the information correctly from the get go. Be sure you explain that you had not tried to conceal the conviction. Maybe, you'll be approved for benefits. You did show up every day as required and try your best. Be sure you state that.

Stay away, with everyone, including friends, relatives, prospective employers, the people at the unemployment office, with the self serving rhetoric about how great you've been to rehabilitate yourself, alas all for naught as you are just a poor branded man, and the world won't give you a chance. This, more than any background check in the world will instantly brand you as a felon with a checkered past. Most people do well and go to college and get married and have a lovely wife and children, and it's not supposed to be an unusual thing or something that will get you extra credit. You do not have to share or convince anyone or ask for sympathy or explain yourself to anyone, just be honest about it on applications as required.

You might want to check back with your old job, see if they would be interested in taking you back, since you've already proved yourself with them.
 
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