I'm about to get fired, I NEED LEGAL ADVICE!

[schmim64]

What is the name of your state (only U.S. law)? Nevada

I work for a company that provides care for the disabled in Nevada. I started working for them in early August. On my application I put that I had no criminal history and they took my finger prints and ran my background check. On Friday (October 9th), I received a call from my boss telling me I have been placed on suspension indefinitely because I did not pass my background check. He gave me the phone number for the Nevada Department of Public Safety and said I need to get in contact with them in order to see what the steps are to getting off the suspension. They're closed until Monday so I haven't been in contact with them yet.

I only have one thing on my record otherwise my record is clean (no drugs, no traffic tickets, nothing). Here is the crime I was convicted of:
Statute 943.70(2)(a)4
Description: Computer Crime-Possess Data
Severity: Misdemeanor Class A

Here's the story: Basically what happened was some girl from the town I was living in upset me and I changed her passwords and then she called the police on me and I gave the passwords back after the police came over. This happened in July 2002. My record was first filed on September 13, 2002. I plead guilty in court on October 7, 2002. On November 4, 2002 I was put on 18 months probation with 50 hours of community service and a $50 fine. I was let off of probation a year early for good behavior and was told that this would be expunged from my record.

I was looking up Nevada law and think I found the one that applies to me (I put the important information in bold).

NRS 449.179 Initial and periodic investigations of criminal history of employee or independent contractor of certain agency or facility.

1. Except as otherwise provided in subsection 2, within 10 days after hiring an employee or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:

(a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in NRS 449.188;

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(d) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (c).

2. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the Central Repository for Nevada Records of Criminal History within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in NRS 449.188.

3. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall ensure that the criminal history of each employee or independent contractor who works at the agency or facility is investigated at least once every 5 years. The administrator or person shall:

(a) If the agency or facility does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

(b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History.

4. Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee or independent contractor has been convicted of a crime listed in NRS 449.188 and immediately inform the Health Division and the administrator of, or the person licensed to operate, the agency or facility at which the person works whether the employee or independent contractor has been convicted of such a crime.

5. The Central Repository for Nevada Records of Criminal History may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the agency or facility requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

(Added to NRS by 1997, 442; A 1999, 1946; 2005, 2170)

NRS 449.182 Maintenance and availability of certain records regarding employees and independent contractors of certain agencies and facilities. Each agency to provide personal care services in the home, agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to NRS 449.179, and shall maintain a copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History and proof that it submitted two sets of fingerprints to the Central Repository for its report. These records must be made available for inspection by the Health Division at any reasonable time and copies thereof must be furnished to the Health Division upon request.

(Added to NRS by 1997, 443; A 1999, 1947; 2005, 2171)

NRS 449.185 Termination of employment or contract of employee or independent contractor of certain agency or facility who has been convicted of certain crime; liability of agency or facility.

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.179, or evidence from any other source, that an employee or independent contractor of an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.

2. If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

3. An agency or facility that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee or independent contractor to work:

(a) Before it received the information concerning the employee or independent contractor from the Central Repository;

(b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

(d) Any combination thereof.

Ê An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.

 

[schmim64]

(Added to NRS by 1997, 443; A 1999, 1948; 2005, 2171)

NRS 449.188 Denial, suspension or revocation of license to operate certain facility or agency: Conviction of applicant or licensee of certain crime or continued employment of person convicted of certain crime.

1. In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:

(a) The applicant or licensee has been convicted of:

(1) Murder, voluntary manslaughter or mayhem;

(2) Assault with intent to kill or to commit sexual assault or mayhem;

(3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

(4) Abuse or neglect of a child or contributory delinquency;

(5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

(6) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(7) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

(8) A violation of any provision of NRS 422.450 to 422.590, inclusive;

(9) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

(10) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

(11) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

(b) The licensee has, in violation of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a).

2. In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate an agency to provide personal care services in the home or an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has, in violation of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

3. As used in this section:

(a) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

(b) “Medicare” has the meaning ascribed to it in NRS 439B.130.

(Added to NRS by 1997, 444; A 1999, 1948; 2005, 2171; 2007, 652, 2401)

It's kinda funny how it took them a few months to find out about this and get back to me. I had expected them to find out within a week or two of getting hired if there was anything to find.

I've worked with this job for a few months now and just completed my training. My co-workers like me and my evaluations have been good. I'd like to think of things I can argue about and determining whether they can legally fire me over this.

I know these things don't help me: At the time I was hired in August it was technically under 7 years from when I plead not guilty and had that criminal record filed. Even though now, a few months later, it's been over 7 years.

Here are my questions:

Does it matter that as of a few days ago I was convicted over 7 years ago? I had committed the act over 7 years ago when I was hired? That it's a misdemeanor? That I have nothing else on my record? That it was supposed to have been expunged from my record?What is the name of your state (only U.S. law)?

 

[ecmst12]

So you lied on your application and now you are going to be fired for lying. Good decision there.

 

[Antigone*]

Your criminal conviction is not what will get you fired. It is your lie.

My mom used to say " Si mientas te van a salir sapos de la boca.".

There goes a frog now

 

[schmim64]

Your criminal conviction is not what will get you fired. It is your lie.

My mom used to say " Si mientas te van a salir sapos de la boca.".

There goes a frog now

Can't I just say that I thought it was expunged from my record and did not have to mention it by law for that reason?

 

[Antigone*]

Can't I just say that I thought it was expunged from my record and did not have to mention it by law for that reason?

Ther go some more frogs

 

[chrismiles]

you can say it but they are going fire you anyway....

 

[cyjeff]

Can't I just say that I thought it was expunged from my record and did not have to mention it by law for that reason?

Sure... you can tell your boss that you lied because you thought your lie wouldn't be discovered.

Now... I am not saying that is what you meant, but it is what your boss will hear.

 

[cbg]

Can't I just say that I thought it was expunged from my record and did not have to mention it by law for that reason?

Sure, you can say it. Your employer might even believe you. Or he might not.

But if he chooses to fire you anyway, it will still be legal. Saying that will not make the termination illegal, or force the employer to change his mind.

 

[phase08]

Over the course of several years I have seen two people fired for lying on their application. One lied about having a degree (which was not a requirement for the job, btw - they would have hired her anyway) and she was fired 2 months after hiring. The other was fired for saying he had not been convicted of a felony and he was fired almost a year after being put on payroll. Sure, the employer should have verified everything before hiring these people – but they didn’t. That sentence at the bottom about termination for lying on the application should be taken seriously. Based on what I saw, having security officers watch a person pack their belongings, take their ID, and escort them out of the building and off the property is no fun and just not worth it.

 

[schmim64]

Thanks for your input but i'm not interested in hearing "shame on you, you shouldn't have done that". Just pretend you're a lawyer and if you can give me some ideas how to defend myself when I talk to them that would be great.

 

[cbg]

There are NO answers we can give you that will prevent the employer from firing you. NOTHING we can tell you is going to make it illegal for the employer to term you. You can use any means you want to "defend yourself" but no matter what means you use, it is STILL going to be a legal termination.

We have no way of knowing what answer might make the employer decide to give you another chance. We do not know him.

But if you are looking for a way to FORCE him to allow you to continue working, you are wasting your time, since no such way exists.

 

[cyjeff]

I agree.

Employers are not courts of law.

They don't have to research WHY you lied....

 

[Mass_Shyster]

Thanks for your input but i'm not interested in hearing "shame on you, you shouldn't have done that". Just pretend you're a lawyer and if you can give me some ideas how to defend myself when I talk to them that would be great.

From what you posted :

NRS 449.185 Termination of employment or contract of employee or independent contractor of certain agency or facility who has been convicted of certain crime; liability of agency or facility.

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.179, or evidence from any other source, that an employee or independent contractor of an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.

Your employer has no choice. They must terminate you unless you claim the information is incorrect and you get it corrected within a reasonable time.

 

[schmim64]

I don't think my employer wants to fire me. They said I have to talk to Nevada Department of Public safety and convince them that my background check is okay. By law it would be okay if my crime happened over 7 years ago and as of a few days ago my conviction was over 7 years ago.