Hello all.
I have a situation I am trying to find information and advice on. Here is the background.
I was convicted of a criminal charge in 1998 for computer hacking at the age of 18. Did 6 months jail time. I was hired by my current employer doing computer tech work and have been working there for almost 2 years now. The employer is a major electronics chain with over 900 stores. About 4 months ago I began doing "in home" work of the same sort for this company. I have not had any reprimands or any "write ups" during this time.
About 2 months ago I was charged with stalking of a former girlfriend and then bail jumping for speaking with her...we have a child together and are friends...and have been for years now. The stalking charges are from about 2 years ago and are not warranted. We both are actively working to get them dismissed.
A week or so ago I was placed on "suspension" from work because of what they said were customer complaints on my professionalism. I was told that the issue was being handled by corporate HR. With this company you can not be terminated unless it goes through corporate HR and you must have three write-ups about the same issue in a 90 day period. I have reason to believe this is being dealt with not by the management level but by HR because they either have found out about the pending stalking charges or about the computer hacking. Ironically, I have a girlfriend who works at a different store for this same company who has found out tid bits such as being told by a store manager "What was he thinking?" when talking about my suspension.
When I was initially hired I put down I was a convicted felon and explained it in the initial interview. The person said I had been approved by corporate to work. I seem to think now it may not have been approved since I was only hired for holiday help and he thought he could get away with it. I think it may have become a problem now that I have moved up to a near management level.
Now, in the state of wisconsin you can not be terminated for any pending charges or past convictions. It does state you may be suspended if the charges pending directly relate to your job duties. Because they did hire me they can't fire me for the computer convictions nor place me on suspension for that, I assume. This leads to the question as to whether they can demote me to a different position because of either the computer conviction or pending charges.
This has happened to me in the past. A computer let me go after 2 years because they did not ask about the felony I had admitted to on my application. I signed a waiver agreeing to waive all my rights to sue them for any wrongfull termination. In exchange, I was given a dollar value to leave the company.
I was told today they would like to meet with me next week and to plan on being there for a couple hours. I think they may be trying to find a reason to fire me, put things aside turn over a new leaf and continue knowing they could not terminate me, or try and demote me to a different position(less pay).
If they do try and demote me and I refuse is this wrongful termination because of criminal record. Also, if they do decide to ask me about my personal life and my criminal background do I have any obligation to tell them now? Now that I have been hired and the fact that one of the cases are pending and im innocent until proven guilty?
Any suggestions or input would be greatly appreciated. Let me know if you have any questions.
Regards,
Anthony
I have a situation I am trying to find information and advice on. Here is the background.
I was convicted of a criminal charge in 1998 for computer hacking at the age of 18. Did 6 months jail time. I was hired by my current employer doing computer tech work and have been working there for almost 2 years now. The employer is a major electronics chain with over 900 stores. About 4 months ago I began doing "in home" work of the same sort for this company. I have not had any reprimands or any "write ups" during this time.
About 2 months ago I was charged with stalking of a former girlfriend and then bail jumping for speaking with her...we have a child together and are friends...and have been for years now. The stalking charges are from about 2 years ago and are not warranted. We both are actively working to get them dismissed.
A week or so ago I was placed on "suspension" from work because of what they said were customer complaints on my professionalism. I was told that the issue was being handled by corporate HR. With this company you can not be terminated unless it goes through corporate HR and you must have three write-ups about the same issue in a 90 day period. I have reason to believe this is being dealt with not by the management level but by HR because they either have found out about the pending stalking charges or about the computer hacking. Ironically, I have a girlfriend who works at a different store for this same company who has found out tid bits such as being told by a store manager "What was he thinking?" when talking about my suspension.
When I was initially hired I put down I was a convicted felon and explained it in the initial interview. The person said I had been approved by corporate to work. I seem to think now it may not have been approved since I was only hired for holiday help and he thought he could get away with it. I think it may have become a problem now that I have moved up to a near management level.
Now, in the state of wisconsin you can not be terminated for any pending charges or past convictions. It does state you may be suspended if the charges pending directly relate to your job duties. Because they did hire me they can't fire me for the computer convictions nor place me on suspension for that, I assume. This leads to the question as to whether they can demote me to a different position because of either the computer conviction or pending charges.
This has happened to me in the past. A computer let me go after 2 years because they did not ask about the felony I had admitted to on my application. I signed a waiver agreeing to waive all my rights to sue them for any wrongfull termination. In exchange, I was given a dollar value to leave the company.
I was told today they would like to meet with me next week and to plan on being there for a couple hours. I think they may be trying to find a reason to fire me, put things aside turn over a new leaf and continue knowing they could not terminate me, or try and demote me to a different position(less pay).
If they do try and demote me and I refuse is this wrongful termination because of criminal record. Also, if they do decide to ask me about my personal life and my criminal background do I have any obligation to tell them now? Now that I have been hired and the fact that one of the cases are pending and im innocent until proven guilty?
Any suggestions or input would be greatly appreciated. Let me know if you have any questions.
Regards,
Anthony