What is the name of your state? Texas
My son pled guilty to a felony theft charge 10-12 years ago. He received unajudicated probabion and fulfilled all of his responsibilities and has never done anything against the law since then. His probation officer told him that if he ever applied for a job and the application asked if he has been "convicted" of a felony that the answer would be "no" because unajudicated meant "not convicted" by the court. He applied for a job recently and that is exactly the way the application read and that is exactly the way he answered, but he did know that they would do a background check, so he told the employer "up front" about his trouble with the law. They checked on him, saw that he had kept his record clean after the one incident and they hired him. He worked for two weeks and loved the job. Two days ago the employer called him in and said that the corporate office wanted him fired because he falsified information on his application by checking "no" to the question about a conviction. The application did not ask anything about unajudicated or he would have checked yes and he has been very honest with them about everything. Can they lawfully fire him after all of this? He did not really falsify anything. Does he have any recourse on this matter? I called his former probation officer and he said that my son did not lie and that he did exactly as he was told to do. Thank you for any help you can give us on this matter.
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This is not a cross post, I was sent here by the Criminal Law and Procedure Forum by the seniorjudge. Thank you.
My son pled guilty to a felony theft charge 10-12 years ago. He received unajudicated probabion and fulfilled all of his responsibilities and has never done anything against the law since then. His probation officer told him that if he ever applied for a job and the application asked if he has been "convicted" of a felony that the answer would be "no" because unajudicated meant "not convicted" by the court. He applied for a job recently and that is exactly the way the application read and that is exactly the way he answered, but he did know that they would do a background check, so he told the employer "up front" about his trouble with the law. They checked on him, saw that he had kept his record clean after the one incident and they hired him. He worked for two weeks and loved the job. Two days ago the employer called him in and said that the corporate office wanted him fired because he falsified information on his application by checking "no" to the question about a conviction. The application did not ask anything about unajudicated or he would have checked yes and he has been very honest with them about everything. Can they lawfully fire him after all of this? He did not really falsify anything. Does he have any recourse on this matter? I called his former probation officer and he said that my son did not lie and that he did exactly as he was told to do. Thank you for any help you can give us on this matter.
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This is not a cross post, I was sent here by the Criminal Law and Procedure Forum by the seniorjudge. Thank you.
