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Bank Employee With Felony

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PA Lady

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
I'm asking this on behalf of a friend. Five years ago, while working for a prior employer, she made an incredibly stupid decision to forge some checks to the tune of $15,000. She was caught, plead guilty and was given probation. She has completed paying victim restitution and is now paying her court fees. She meets regularly with her probation officer & hasn't gotten so much as a parking ticket.

Four years ago she was fortunate enough to get a job @ a local bank as an administrative assistant (no access to $$ in any capacity). She disclosed her conviction on her employment application and was offered the job. She has been a star employee, been promoted and received exemplary performance reviews. The bank has even approved a car loan for her.

Her manager is well aware of her conviction and recently contacted legal to discuss the possibility of making her a bank officer. At that time the bank's attorney advised that employing a felon was against FDIC regs and the bank could be fined, etc unless an exemption was granted. The bank has told my friend they have filed all the necessary paperwork to request an exemption but haven't heard anything back yet. They have advised her that if the FDIC does not grant the exemption they may have no other recourse but to terminate her. She has communicated all of this to her probation officer who promptly told her to get an attorney. She hasn't done that yet because she's hoping for the best (I agree with the PO - I think she needs to at the very least get a consultation).

Opinions? Advice? If she were to be terminated does she have grounds to file wrongful termination? Any advice on what questions she should ask an attorney?

Thanks in advance.
 


sallylong

Junior Member
I agree with the bank's advice about hiring an attorney. I cannot speak to the law in PA, but in VA if your friend disclosed her felony conviction and has performed her job well, she cannot be terminated based on her criminal history. However, she may be exempted from holding certain positions.
 

mlane58

Senior Member
I agree with the bank's advice about hiring an attorney. I cannot speak to the law in PA, but in VA if your friend disclosed her felony conviction and has performed her job well, she cannot be terminated based on her criminal history. However, she may be exempted from holding certain positions.
Really? Last time I looked, having a criminal history wasn't a protected class. The employe can be terminated for any reason other than being one of a protected class. Get your facts straight---Oh that's right, you don't have any.
 

PA Lady

Junior Member
Really? Last time I looked, having a criminal history wasn't a protected class. The employe can be terminated for any reason other than being one of a protected class. Get your facts straight---Oh that's right, you don't have any.
Wow ...crap, you're right. As you posted I was reading that in PA all employment is at will which I think means that the employee can be terminated for any reason unless there's a contract or a collective bargaining agreement as with a union. I think my poor friend just might be SOL.
 

mlane58

Senior Member
Wow ...crap, you're right. As you posted I was reading that in PA all employment is at will which I think means that the employee can be terminated for any reason unless there's a contract or a collective bargaining agreement as with a union. I think my poor friend just might be SOL.
It's not just in PA, but all states with the exception of Montana are at-will and in some cases even MT.
 

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