The conviction was dismissed but still shows up on a background check, the employer knew of this at time of hiring and is now using at justification for termination.
In the U.S., an employer need not have justification for termination -- employment is "at will," which means that employment may be terminated at any time for any reason or no reason at all. Thus, the employer must not have a "good," valid, logically consistent, credible or serious reason for termination.
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