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Can a Bank Officer be Terminated for a Civil Fraud Conviction

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smhanson

Junior Member
What is the name of your state (only U.S. law)? Illinois and Ohio

Wondering if a bank officer can be terminated for a civil fraud conviction that is unrelated to their work as a bank officer. Any advice would be appreciated...

Thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Illinois and Ohio

Wondering if a bank officer can be terminated for a civil fraud conviction that is unrelated to their work as a bank officer. Any advice would be appreciated...

Thanks!
Barring a bonafide employment contract stating otherwise...sure.
 

xylene

Senior Member
What is the name of your state (only U.S. law)? Illinois and Ohio

Wondering if a bank officer can be terminated for a civil fraud conviction that is unrelated to their work as a bank officer. Any advice would be appreciated...

Thanks!
Not only can they be terminated, it would be a snowballs chance for them to NOT be terminated, as well and given thorough exit interview reaming and investigation as to what impact their misconduct had on the bank and if they did any fraud within the bank...
 

commentator

Senior Member
However, when you are terminated, you can file for and may be eligible to receive unemployment benefits if the conviction had nothing to do with this current employer.

They can very reasonably say they do not want you working there, and they will probably go over their books with a fine tooth comb to find out if you did anything illigal while you were with them, but since you were terminated before they found any misconduct, you very likely will be able to draw unemployment.

And if they several months from now, discover that you were embezzling from them, they cannot at that time stop your unemployment. They can file charges against you in civil court, but it will not stop your unemployment unless you are incarcerated and unavailable for work.

The misconduct they must prove to keep you from drawing is "work related misconduct." Work related at their job. They could fire you for murdering your wife. But because the murder was not a job related murder, you'd likely be able to draw unemployment while awaiting trial.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Illinois and Ohio

Wondering if a bank officer can be terminated for a civil fraud conviction that is unrelated to their work as a bank officer. Any advice would be appreciated...

Thanks!
Don't know how I missed this one:eek:

The answer would be: Oh heck yea, in a New York minute honey:cool:

Brush up your resume and don't look for work in the financial services industry ~ that's my advice.
 

Betty

Senior Member
If I was the employer, I would be concerned with a civil fraud conviction whether it was connected with your current job or not. However, as commentator noted, you "might" receive UI benefits if terminated.
 

xylene

Senior Member
However, when you are terminated, you can file for and may be eligible to receive unemployment benefits if the conviction had nothing to do with this current employer.

They can very reasonably say they do not want you working there, and they will probably go over their books with a fine tooth comb to find out if you did anything illigal while you were with them, but since you were terminated before they found any misconduct, you very likely will be able to draw unemployment.

And if they several months from now, discover that you were embezzling from them, they cannot at that time stop your unemployment. They can file charges against you in civil court, but it will not stop your unemployment unless you are incarcerated and unavailable for work.

The misconduct they must prove to keep you from drawing is "work related misconduct." Work related at their job. They could fire you for murdering your wife. But because the murder was not a job related murder, you'd likely be able to draw unemployment while awaiting trial.
I disagree.

I would argue that the fraud conviction renders the OP unable to do the job.

It is really no different than say a truck driver getting a DWI.
 

commentator

Senior Member
I think that this would be a pretty valid argument that they had a good misconduct reason to terminate, but it would be worth filing for benefits anyway. It is certainly a job where veracity and trustworthiness is a very important qualification, but there isn't a licensure required that this person has lost by being convicted. If there were, the company could fire him and no unemployment forthcoming, but in this case.....??? Hard to say.

I'd let it play out. Because wrongdoing off the job usually doesn't get you denied your u.i., even if you've done something so awful they feel like they've got to fire you.

If I had been this employer, I'd have put the person on some kind of leave while going over the books with a fine tooth comb, made sure he/she wasn't also doing something dishonest with my interests before officially terminating. Because when you''ve got a dishonest person, you've pretty much got a systemic dishonesty.
 

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