Fired for Misdemeanor Arrest

[pocojo]

I had worked for a bank in Illinois for 8 years during which time I received excellent employee evalutions, raises and promotions. The position I held was one of a clerical nature-not involving money. I was recently arrested on a misdemeanor retail theft charge-the result of a "cry" for emotional counseling to deal with other matters in my life. I immediately told my supervisor of the arrest and my need for emotional counseling. This was just an arrest-not a conviction. I was assured if I sought the counseling my job would be preserved since the arrest was not in any way related to my work abilities or job performance. The next day I was terminated by "corporate" personnel. I realize Illinois is an "At-Will" state but did my employer have a right to terminate me after I told them of my mental disability and need for treatment? I know people with mental disabilities are protected in certain situations under the ADA and employers are required by law to accomodate employees with mental disabilities, but does my situation apply? I had accrued sick leave of 11 1/2 weeks when I was terminated---why was I not asked to use my leave while I received the treatment I needed? I questioned my employer if they would fire an employee who was arrested on a domestic battery charge, a drunk driving charge or an illegal possession of drugs charge outside of their regular employment hours? I did not receive an answer to the question. Any suggestions/comments on my particular situation would be appreciated.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by pocojo:
I had worked for a bank in Illinois for 8 years during which time I received excellent employee evalutions, raises and promotions. The position I held was one of a clerical nature-not involving money. I was recently arrested on a misdemeanor retail theft charge-the result of a "cry" for emotional counseling to deal with other matters in my life. I immediately told my supervisor of the arrest and my need for emotional counseling. This was just an arrest-not a conviction. I was assured if I sought the counseling my job would be preserved since the arrest was not in any way related to my work abilities or job performance. The next day I was terminated by "corporate" personnel. I realize Illinois is an "At-Will" state but did my employer have a right to terminate me after I told them of my mental disability and need for treatment? I know people with mental disabilities are protected in certain situations under the ADA and employers are required by law to accomodate employees with mental disabilities, but does my situation apply? I had accrued sick leave of 11 1/2 weeks when I was terminated---why was I not asked to use my leave while I received the treatment I needed? I questioned my employer if they would fire an employee who was arrested on a domestic battery charge, a drunk driving charge or an illegal possession of drugs charge outside of their regular employment hours? I did not receive an answer to the question. Any suggestions/comments on my particular situation would be appreciated.<HR></BLOCKQUOTE>


My response:

If your facts are accurate, I tend to agree with you. It is unfair what they have done to you. Selective punishment is wrong and illegal. Therefore, the following is the same in Illinois as it is in the rest of the county: I believe you should fill out the "easy" complaint form you can get from the Federal Fair Employment and Housing Administration, and have them investigate the matter. They are quite good, and fast, at what they do. Look them up in the Federal section of your White Pages (toward the beginning of the book).

Good luck to you.

IAAL


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