What is the name of your state (only U.S. law)? Texas
I was in a caseworker position for 1 year and 2 months. I got a DWI (Class B Misdemeanor) I followed all protocol to report this to my employer. I was given a three month probationary period and remained an active employee with no interruptions in job duties. After the three month probation period was over, there was no other action taken and I remained in my position. I requested and received a transfer to a different geographical area performing the same job duties just under new supervision. My former supervisor transferred my personnel file (as policy requires) to my new supervisor. I continued to serve in the same position for another year following the arrest for the DWI. I then requested a transfer to a different field of service (same employer and also a caseworker position). I was granted this position and transferred. My personnel file was not transferred by my supervisor to my new department. Not sure why and was not aware that it was not done at the time. I completed necessary training for this position. During the training period, I was requested to allow a criminal background check to be performed. (This was the first time that my employer had pulled criminal histories on its employees.) I allowed the background check to be performed as my employer required it and I had no reason to not do so as my employer was aware of what would be on the record. Following the return of the results I was placed on desk duty and not able to perform my regular job duties. I was questioned about the procedures that I followed to alert my employer at the time of the offense. I explained who I reported the offense to and when and that it was all within policy requirements. I was left on desk duty for 30 days and then I was removed from my position because of the DWI. I was given 60 days paid leave to find another position with the same employer. I was not given the option of an appeal with Human Resources informing me that the decision was "not appealable". I learned after that the background checks were restricting new applicants that have a DWI on their record from employment with my employer but no one could (or would) tell me why I was not allowed to remain the position 1 year and 2 months following the offense without any interruption in job duties and then be removed from the position long after the fact. I was told that I could not return to a caseworker position for 5 years following the conviction date of the DWI. I guess my question is do I have any recourse whatsoever? Due to the nature of the business, I was only able to find a position that was considered a "demotion" because I did not want to lose my benefits as I have a family that needs the insurance that I pay for each month. I was forced to take a drastic cut in pay to remain employed. While I take full responsibility for the mistake that I made, I wonder if I was treated fairly with the policy being made retroactive on current employees. There have been no other infractions either before or since and I completed a ll legal requirements without incident.
I was in a caseworker position for 1 year and 2 months. I got a DWI (Class B Misdemeanor) I followed all protocol to report this to my employer. I was given a three month probationary period and remained an active employee with no interruptions in job duties. After the three month probation period was over, there was no other action taken and I remained in my position. I requested and received a transfer to a different geographical area performing the same job duties just under new supervision. My former supervisor transferred my personnel file (as policy requires) to my new supervisor. I continued to serve in the same position for another year following the arrest for the DWI. I then requested a transfer to a different field of service (same employer and also a caseworker position). I was granted this position and transferred. My personnel file was not transferred by my supervisor to my new department. Not sure why and was not aware that it was not done at the time. I completed necessary training for this position. During the training period, I was requested to allow a criminal background check to be performed. (This was the first time that my employer had pulled criminal histories on its employees.) I allowed the background check to be performed as my employer required it and I had no reason to not do so as my employer was aware of what would be on the record. Following the return of the results I was placed on desk duty and not able to perform my regular job duties. I was questioned about the procedures that I followed to alert my employer at the time of the offense. I explained who I reported the offense to and when and that it was all within policy requirements. I was left on desk duty for 30 days and then I was removed from my position because of the DWI. I was given 60 days paid leave to find another position with the same employer. I was not given the option of an appeal with Human Resources informing me that the decision was "not appealable". I learned after that the background checks were restricting new applicants that have a DWI on their record from employment with my employer but no one could (or would) tell me why I was not allowed to remain the position 1 year and 2 months following the offense without any interruption in job duties and then be removed from the position long after the fact. I was told that I could not return to a caseworker position for 5 years following the conviction date of the DWI. I guess my question is do I have any recourse whatsoever? Due to the nature of the business, I was only able to find a position that was considered a "demotion" because I did not want to lose my benefits as I have a family that needs the insurance that I pay for each month. I was forced to take a drastic cut in pay to remain employed. While I take full responsibility for the mistake that I made, I wonder if I was treated fairly with the policy being made retroactive on current employees. There have been no other infractions either before or since and I completed a ll legal requirements without incident.
