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| *Ostroff, Fair and Company>>>Law & Legal |
Can you be fired for arrest record if not convicted.? |
Question Details: I was a victim of a internet scam, and the check cashing place where I cashed the check is now taking me to court to repay the money, I was accepted into the ARD program where I will not get a conviction just have to repay the money. I just started a new job and they finger printed me for my ID, and my arrest record came up, I start making payments on the 21st of september, and will be finished in January and the arrest record will be expunged I wanted to know if I could be fired, for this. On the application it ask have I ever been convicted of a crime No, I don't think you can be fired. But, I think you should extend your question so that you have more than one opinion. You were the victim, so why should you pay for someones misdeeds. you can be fired for anything in the united states. welcome to the land of the fascist -- your employer has all the rights and you get a paycheck so you can pay the rent. employers get this lucky clause where they can release you from work for not being in the company's best interest to you keep you as an employee. basically this means they don't need a reason to sack you. if they use a reason then you can take them to court but they can fire you for anything. Yes, you can be fired for any reason that is not discriminatory of a protective class of persons (race, religion, etc.). That does not mean you will be. Did you answer the question honestly on the application? Do you believe you were being honest? If you answered the questions honestly and the issue arises, give them a full detailed and honest answer. Be sure you haved performed as an employee they want to keep. If you add value to the company, one mistake will not harm you. How did you answer on your app? They could fire you if they think you lied on your application. Most times, they will investigate these types of things and you'll have some say into the matter before you get fired. Unfortunately most employers look down upon theft by deception type crimes which sounds like what happened to you. If you explain your side and show you are making restitution for the situation you didn't know about, you have a strong case. Contact your company's HR department if you have one if you start getting the feeling they are circling the wagons around you. It'll look better on your part if you are proactive about it. As a manager, I'd listen to what my employee had to say and try to understand the situation. If you are a good employee otherwise, most employers will give you the benefit of the doubt. Be prepared to be watched very carefully though, especially if you deal with money (register, etc.). I'd certainly be watching you if you were my employee, but that's my job. Regardless of what your personal situation is, I've got to protect the company's assets. If your performance is good otherwise, this will probably blow over in time. (Only exception I can think of would be high monetary value jobs like money couriers, bank teller or a police/security job where you are dealing with money all day or need to have character integrity. Those types of jobs I think they would terminate you right away.) |
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