QUESTION

Was it wrongful termination if I was fired for a background check that I have already mentioned before I was hired?

Asked on Feb 22nd, 2014 on Labor and Employment - Wisconsin
More details to this question:
I was recently fired from my job because of findings in an employee background check. I pasted the background check before I was hired in 2011. The arrest that got me fired happened in 2008. My question is, do I have a chance at wrongful termination if a reason like this isn't stated in the employee handbook?
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6 ANSWERS

Automobile Accidents and Injuries Attorney serving Knoxville, TN at Baker Law Firm
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Maybe. ?This course of action may be a violation of federal employment law and you should seek the advice of an experienced employment attorney who is familiar with the equal employment opportunity law, the Civil Rights Act of 1964, and the ?rules of the EEOC concerning background checks. The EEOC has very definite guidelines on how background checks can be used, and it appears from the limited information you provided, that a violation may have occurred. In general, an employer may use criminal background checks to exclude persons based upon "business necessity", and the convictions must be related to the job being performed (example: a person who has been convicted of theft may be excluded as a bank teller candidate, but a person convicted of DUI might not). ?There are additional protections if you are a member of a protected class or groups (African and Latino Americans are convicted at higher rates than whites for the same crimes i.e. drug use) and polices which discriminate against those groups have a disparate impact and have been held illegal. In order to pursue a discrimination claim, you MUST, WITHIN 120 DAYS OF THE TERMINATION, file a claim with the EEOC. Call the 800 number and the EEOC will provide you a packet of information and it may be helpful to have your employment attorney assist you with filing the charge of discrimination.
Answered on Feb 26th, 2014 at 4:52 AM

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No, in GA, there are no wrongful terminations, other than the limited EEOC grounds: Race, age, sex, national origin, religious beliefs, and handicap. If it is not on that list, then it is not protected, and therefore not a wrongful discharge For more info, Google this: Georgia, employment at will.
Answered on Feb 25th, 2014 at 5:51 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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No, it is not wrongful termination.
Answered on Feb 25th, 2014 at 5:47 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If they have determined you were not totally and fully truthful on the application and at interview you will have a very difficult case. If you were an employee at will, even that will be a waste of time.
Answered on Feb 25th, 2014 at 5:37 PM

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Bruce A. Coane
In Texas and almost all states, there's no law called "wrongful termination." There are laws making it illegal to discriminate, so if the termination is related to unlawful discrimination, you could have a legal claim.
Answered on Feb 25th, 2014 at 5:35 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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Possibly. Make a written request for your personnel records and file for unemployment. Contact an attorney or the Wisconsin Equal Rights Division.
Answered on Feb 25th, 2014 at 5:34 PM

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