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miracle007

Guest
What is the name of your state? Florida

If someone applies for a job and answers all questions truthfully. eg Have you ever been convicted of a felony. (No) However they were arrested on a misdemeanor charge and adjudication was withheld, which appears on the background check. The person gets hired based on app and background check. Then four months after employment begins they are terminated based on the information provided on day one. Is this right?
 


Beth3

Senior Member
Why was the person terminated? Did it have to do with the misdemeanor or something else? You need to explain further. Thanks.
 
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miracle007

Guest
need help

The misdemeanor is the reason that was given. A copy of the background screening was provided at the time of termination.
 
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Beth3

Senior Member
I've been mulling this over for a couple of hours and still can't come up with much of an answer for you. For one thing, there really just isn't much information on the whole situation to clarify what exactly took place, much less why. I'm left feeling there's more to the story. For another, your State may have some law which comes into play here.

My State's regs say that an employer may not "discriminate" in their employment practices based on criminal conviction unless the crime is substantially related to the position under consideration. For example, if a convicted embezzler applies for a job as a Controller, the employer may rule him or her out of consideration based solely on that. If the same embezzler applied for a job in a position where he/she wouldn't have access to money or any financial matters, the employer could not rule him out merely because of the conviction.

I have no idea of FL has a similar statute but you can call your State DOL and inquire. If they do, then this termination might be in violation of State law depending upon what the conviction was for and whether there is any nexus to the job.

Like I said though, ultimately I'm left with the feeling there's more to the situation than you may be sharing, perhaps because you may not realize it has some pertinent significance.
 
M

miracle007

Guest
I need help

Thanks for replying. On the subject of there being something else which I am not stating. There is nothing else. All was advised at the time of termination is that company standards have changed and they provided a copy of the background screening that was done before date of hire and stated that I no longer met the standards.

If the company's standards change shouldn't it apply to all employees, whether new or old? In other words shouldn't new background checks be performed to ensure that everyone is meeting the standards.
 

cbg

I'm a Northern Girl
How do you know that the same standard wasn't applied across the board? It's possible that it was, and you were simply the only one that got caught in the crack.

By the way, unless it has been implemented within the last two years (which I admit is possible) Florida does not have a non-discrimination statute similar to the one Beth describes. Whatever department has recently taken over for your Department of Labor (I want to say it's called something like Work Implementation Practices, or something along that line) can tell you for certain.
 
D

damntim66

Guest
Another example of employers making rules as they see fit.
 

cbg

I'm a Northern Girl
The employers don't make the laws; your elected officials do. If you don't like the law, lobby to have it changed. Write your congressman, sentator, state representative. Write to the White House, for that matter. Vote out those in office and vote in those who will work on your behalf.
 

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