Keeping a job with a felony

[Griffzan]

What is the name of your state (only U.S. law)? Michigan. 3 1/2 years ago I started working for a hospital here in Michigan through a temp agency driving (as a courier), after my 90 days my boss attempted to get me hired full time. I went a filled out an application and neglected to put my felony on the app. I wasn't trying to get away with anything I just didn't understand fully how long a felony stays on your record, which is as it turns out, forever. I'm not a career criminal and at the time thought felonies fell off your record like points an your driving record. (Dumb I know) Long story short my boss informed me that they turned down my app, because I lied. After talking with HR and explaining myself I was told I could re-apply in one year. Since that time 3 1/2 years ago I have been working with the same hospital, doing the same thing as the rest of the employees and in most cases, am allowed in more places have the highest clearance on my badge, and in general am treated like a doctor (as far as the places I'm allowed to go). HR is aware I'm still working with a felony but both my boss and I have been told that I cannot be hired. And come the end of August I've been told that all temp positions will be terminated. As of this moment there are 2 full time positions availible. My question: Is there any legal action I can and should take? I don't want to loose my job as the economy, everywhere, but especially here in Michigan is really bad and I don't expect my chances for getting another job are very good. Thank you in advance for any replies and if this was posted in the wrong forum I apologize.

 

[mlane58]

What is the name of your state (only U.S. law)? Michigan. 3 1/2 years ago I started working for a hospital here in Michigan through a temp agency driving (as a courier), after my 90 days my boss attempted to get me hired full time. I went a filled out an application and neglected to put my felony on the app. I wasn't trying to get away with anything I just didn't understand fully how long a felony stays on your record, which is as it turns out, forever. I'm not a career criminal and at the time thought felonies fell off your record like points an your driving record. (Dumb I know) Long story short my boss informed me that they turned down my app, because I lied. After talking with HR and explaining myself I was told I could re-apply in one year. Since that time 3 1/2 years ago I have been working with the same hospital, doing the same thing as the rest of the employees and in most cases, am allowed in more places have the highest clearance on my badge, and in general am treated like a doctor (as far as the places I'm allowed to go). HR is aware I'm still working with a felony but both my boss and I have been told that I cannot be hired. And come the end of August I've been told that all temp positions will be terminated. As of this moment there are 2 full time positions availible. My question: Is there any legal action I can and should take? I don't want to loose my job as the economy, everywhere, but especially here in Michigan is really bad and I don't expect my chances for getting another job are very good. Thank you in advance for any replies and if this was posted in the wrong forum I apologize.

Legal action for what?

 

[Antigone*]

Legal action for what?

I agree mlane, I don't see any legal recourse. The hospital does not have to hire him.

 

[cbg]

No. There is no legal action you can take, and most certainly none you should take.

The hospital does not owe you a job, and being told that you can be rehired is not a guarantee of full employment. If all temp jobs are being eliminated, more people than you are losing their jobs. What's special about you, that you should get to keep yours?

 

[quincy]

Griffzan, you did not mention what your felony conviction was for. If you were convicted of anything other than a traffic offense, certain sex offenses, or an offense where the maximum penalty is life in prison, then you could petition the sentencing court to have your felony expunged from your record.

Expungements are possible 5 years after the imposition of the sentence or completion of any term of imprisonment. One conviction can be expunged.

An expungement means that you do not have to report your felony on MOST employment applications, unless the application asks specifically about expungements or sealed records. Some background checks may still show that "something" was expunged from your record, but it will not say what, and there will be no records that can be produced showing the arrest, charges and conviction.

You can still be denied employment in medical, educational or legal professions with an expungement, and an expungement cannot help you retain your position in your current job, but an expungement, if possible in your case, makes sense, and it can be of help when trying to secure another position elsewhere.

 

[You Are Guilty]

Griffzan, you did not mention what your felony conviction was for. If you were convicted of anything other than a traffic offense, certain sex offenses, or an offense where the maximum penalty is life in prison, then you could petition the sentencing court to have your felony expunged from your record.

Expungements are possible 5 years after the imposition of the sentence or completion of any term of imprisonment. One conviction can be expunged.

An expungement means that you do not have to report your felony on MOST employment applications, unless the application asks specifically about expungements or sealed records. Some background checks may still show that "something" was expunged from your record, but it will not say what, and there will be no records that can be produced showing the arrest, charges and conviction.

You can still be denied employment in medical, educational or legal professions with an expungement, and an expungement cannot help you retain your position in your current job, but an expungement, if possible in your case, makes sense, and it can be of help when trying to secure another position elsewhere.

While certainly good advice, it doesn't help the OP in his current position, where he already got caught "lying" to HR. Even with an expungement, they're not ever going to hire him.

 

[Griffzan]

I honestly didn't expect harshness in your answers, "what's so special about you?" "the hospital does not owe you a job" as far as my felony, it's for attempted home invasion, I evicted someone before they where supposed to be evicted. And although the enlightened masses that answer these posts may know the different crimes that can fall under an home invasion or attempted home invasion most hear or read the charge and see a 20/20 special where I terrified home owners by smashing through their door while they where eating dinner. (Which is not the case) And I do think they "owe" me a job, I've worked there for 3 1/2 years with not so much as a late day and have been paid less then everyone else. In truth I feel descriminated (sp) against not for the color of my skin, but my actions 10 or more years ago. I am not that person, and to quincy who suggested a expungment, no offence but if I had the money for a lawyer I wouldn't have come here. I have spoke with a few but I have a disorderly person charge on my record from when I was 18 and was told that because I have another charge I would not qualify for an expungment... that I could try but it would most likely be a waste of money, that I really don't have. It seems in just the few responses I have recieved that most of you sit on a high horse and look down with disdain at the people who seek your advise, and in my opinion don't belong here giving answers to people you seem to have so much contempt for. Most people don't want a sugar coated answer but they want your pity and contempt even less.

 

[mlane58]

It seems in just the few responses I have recieved that most of you sit on a high horse and look down with disdain at the people who seek your advise

I am not real sure what answers you were looking for, but you don't have any legal ones to pursue. No one here is sitting on a high horse at all, you just didn't get the answers you wanted.

in my opinion don't belong here giving answers to people you seem to have so much contempt for.

Well, you know what they say about opinons don't you?

Most people don't want a sugar coated answer but they want your pity and contempt even less.

Well guess what chief? this site isn't for pity parties and if you or anyone else gets contemptible answers, then you bring it on yourself for thinking that the world owes you something.

 

[quincy]

Griffzan, I was not aware you had another conviction. You are right that you would not be eligible for an expungement of your felony.

I did want to say, however, that if you had only the ONE conviction, you could get an expungement without hiring an attorney to do so. Michigan has self-help court sites and forms available for filing with the court, and legal aid clinics that can assist in filing a petition. Attorneys just make the process an easier one.

Every answer you were given here, stating that you have no legal way to hang onto your job should your employer let you go, was correct. In addition, all of the experts here, who told you the hospital did not have to hire you for one of the open positions, were correct, as well. You could have worked at the hospital 30 years instead of three and a half and they STILL would be under no obligation to hire you for one of the open positions or retain you in your current position.

With two convictions on your record, you are definitely going to have a more difficult time finding employment - and this would be the case even if the economy in Michigan were better and jobs were plentiful. You made mistakes when you were younger and you are suffering the consequences of those mistakes.

 

[Griffzan]

Griffzan, I was not aware you had another conviction. You are right that you would not be eligible for an expungement of your felony.

I did want to say, however, that if you had only the ONE conviction, you could get an expungement without hiring an attorney to do so. Michigan has self-help court sites and forms available for filing with the court, and legal aid clinics that can assist in filing a petition. Attorneys just make the process an easier one.

Every answer you were given here, stating that you have no legal way to hang onto your job should your employer let you go, was correct. In addition, all of the experts here, who told you the hospital did not have to hire you for one of the open positions, were correct, as well. You could have worked at the hospital 30 years instead of three and a half and they STILL would be under no obligation to hire you for one of the open positions or retain you in your current position.

With two convictions on your record, you are definitely going to have a more difficult time finding employment - and this would be the case even if the economy in Michigan were better and jobs were plentiful. You made mistakes when you were younger and you are suffering the consequences of those mistakes.

Thank you quincy I appreciate your honest answer, and that was all I wanted. And to mlane58, I don't recall a response from you so the paragraph you picked apart wasn't directed at you, but I see you stick up for people, so I can't fault you except for the pity party remark; if you would go back and read what you quoted you may notice that is what I was saying I didn't want and as far as getting a "contemptible answer" if asking what your legal recourse is gets you that, then maybe the site should be shut down. I've been a member of an on-line forum to help people with broken phones, and I never once made someone feel guilty or stupid or hurt for asking a question... ANY QUESTION. If you have the know how to help someone and you joined this forum you should help someone without looking down on them. If your people skills are lacking then stay away. And for the record what you think of your people skills doesn't count; as someone who asked for help and found only one that did so without ridicule can say, the rest of you have none.

 

[eerelations]

I honestly didn't expect harshness in your answers, "what's so special about you?" "the hospital does not owe you a job"

What we said was that the hospital does not have a legal obligation to hire you. This is a fact, not an opinion about your character. If you think this fact is harsh, then go take your angst out on the folks that make the laws.

 

[Griffzan]

What we said was that the hospital does not have a legal obligation to hire you. This is a fact, not an opinion about your character. If you think this fact is harsh, then go take your angst out on the folks that make the laws.

And if left at that would have been fine, I can except a straight forward honest answer, the "harshness" remark was from the further contempt I got for asking a simple question.

 

[Zigner]

And if left at that would have been fine, I can except a straight forward honest answer, the "harshness" remark was from the further contempt I got for asking a simple question.

There was no contempt. It was a valid question.

 

[Griffzan]

There was no contempt. It was a valid question.

????? What question? What are you talking about? The Questions been answered. If your saying there was no contempt in the answers, the go back and read them like people wrote then and not like their stereo instructions. And your opinion has no bearing if the answers where contemptible or not. The question's been answered, if you have added info then feel free to post otherwise it's just a junk post.

 

[Zigner]

????? What question? What are you talking about? The Questions been answered. If your saying there was no contempt in the answers, the go back and read them like people wrote then and not like their stereo instructions. And your opinion has no bearing if the answers where contemptible or not. The question's been answered, if you have added info then feel free to post otherwise it's just a junk post.

Th only one who has shown contempt in this thread is you.