Do I have a case?

[mac459]

What is the name of your state? Arizona
Went through the hiring process for Walmart. Had the offer interview,etc. Took a drug screen,passed. Well a few months back, my wife and my neighbor got into an altercation. As a result of that there were complaints of disorderly conduct filed against both parties. The judge gave us all a Deferred Adjudication. Well when I filled out the application for Walmart, the question asked is if you have ever been arrested convicted or sentenced for a crime. This Deferrred Adjudication, I have forgotten all about until I got a letter stating that Walmart could not hire me due to this charge. I called Walmart and they stated that they consider this an arrest. The charge was a "chest butt". Do I have any recourse?

 

[CheeseBlotto]

Do I have any recourse?

Seek employment elsewhere.

 

[mac459]

Seek employment elsewhere.

Are you an attorney?

 

[mlane58]

What is the name of your state? Arizona
Went through the hiring process for Walmart. Had the offer interview,etc. Took a drug screen,passed. Well a few months back, my wife and my neighbor got into an altercation. As a result of that there were complaints of disorderly conduct filed against both parties. The judge gave us all a Deferred Adjudication. Well when I filled out the application for Walmart, the question asked is if you have ever been arrested convicted or sentenced for a crime. This Deferrred Adjudication, I have forgotten all about until I got a letter stating that Walmart could not hire me due to this charge. I called Walmart and they stated that they consider this an arrest. The charge was a "chest butt". Do I have any recourse?

Most employers will consider a deferred adjudication a conviction. It appears that because you didn't disclose it is why you weren't hired. You have no recourse but to look for another job elsewhere as CheeseBlotto stated.

 

[mac459]

Most employers will consider a deferred adjudication a conviction. It appears that because you didn't disclose it is why you weren't hired. You have no recourse but to look for another job elsewhere as CheeseBlotto stated.

Thanks for you response. A conviction would not be placed in a probationary period would it not? I have no issue looking for another job, however there was no arrest, conviction, nor sentencing for a "chest butt".

 

[cbg]

You're missing the point. It's not whether it was an arrest, a conviction or what; it's that you omitted it from your application.

That you "forgot" about it just won't wash with most employers.

 

[mac459]

Do I have a Case?

Omitted it? They ask if you ever been convicted of a felony, and also have you been convicted of any type of theft, fraud or violent crime? I have the application in front of me and nothing about probation for a misdemeanor. So how am I ommitting any information?

 

[rachel4]

What is the name of your state? Arizona
Went through the hiring process for Walmart. Had the offer interview,etc. Took a drug screen,passed. Well a few months back, my wife and my neighbor got into an altercation. As a result of that there were complaints of disorderly conduct filed against both parties. The judge gave us all a Deferred Adjudication. Well when I filled out the application for Walmart, the question asked is if you have ever been arrested convicted or sentenced for a crime. This Deferrred Adjudication, I have forgotten all about until I got a letter stating that Walmart could not hire me due to this charge. I called Walmart and they stated that they consider this an arrest. The charge was a "chest butt". Do I have any recourse?

Excuse my ignorance but what is a "deferred adjudication" anyway? And why did the judge involve you if the altercation was between your wife and a neighbor (also female?)?
Who "chest butted" who (sounds like something on "Reno 911" ) ?
just curious.
rachel

 

[mac459]

Breaking up a fight. I stepped in the middle of the fight, then her girlfriend gets in my face claiming that she knows the police. When the cops arrived after sorting everyone's story the friend stated that I "chest butted" her. The case went to court. We pleaded not guilty. The prosecutor then place all on a 6 month probation pending that we did not break the law....

 

[gawm]

Yikes...If Walmart won't hire this guy he's in trouble!

 

[mac459]

Yikes...If Walmart won't hire this guy he's in trouble!

Thanks for your expertise and help...