Can an Employer fire you even after you disclosed your background and was hired?

[Ryan Thompson]

Jurisdiction

New Mexico

I was hired May 20th 2019 and fired May 29th 2019 even after i disclosed my felony conviction to my employer. The Employer called me today and said that he cant have me working in his business called my parole officer and let me go. Can they do that?

 

[hrforme]

yes unless you had a contract. Most employment is at will.

I have to wonder if he hired you before the background check was complete or before someone who reviews these things saw it? It does sound odd and I am sorry this happened to you since you stated you were upfront about it.

 

[army judge]

I was hired May 20th 2019 and fired May 29th 2019 even after i disclosed my felony conviction to my employer. The Employer called me today and said that he cant have me working in his business called my parole officer and let me go. Can they do that?

Did you tell the employer you were on parole?

Did you tell the potential employer ALL of the offense(s) for which you were convicted?

What is the employer's business?

What was the title of the position you allegedly filled?

Did the position require you to do or use something you can no longer touch because of your felony conviction(s)?

 

[Ryan Thompson]

I did tell the employer every detail of the offense of which i was convicted and the nature of my charge. The Employer was very familiar with my case as i didn't want what just happened to happen. The Employer did not have a problem with my or my charges until the co-workers brought it up to the employer. then it became an issue. The Employer was Sonic Drive-in (fast food) Grill Cook - Crew. No the position did not have anything to do with what my charges entail.

Did you tell the employer you were on parole?

Did you tell the potential employer ALL of the offense(s) for which you were convicted?

What is the employer's business?

What was the title of the position you allegedly filled?

Did the position require you to do or use something you can no longer touch because of your felony conviction(s)?

 

[army judge]

I did tell the employer every detail of the offense of which i was convicted and the nature of my charge. The Employer was very familiar with my case as i didn't want what just happened to happen. The Employer did not have a problem with my or my charges until the co-workers brought it up to the employer. then it became an issue. The Employer was Sonic Drive-in (fast food) Grill Cook - Crew. No the position did not have anything to do with what my charges entail.

I suggest you start by discussing what happened with your parole officer/agent.

He/she might have suggestions that could help you.

If obtaining work, or staying employed are requirements of your parole, then you must focus on obtaining work.

If things are as you recited, your parole officer/agent will probably remain supportive, and might even be able to help you.

Keep trying, don't let this unfortunate event cause you to get sidetracked.

It is your freedom and success on the line, so don't allow this to get you distracted.

 

[Ryan Thompson]

Thank you my parole officer understands. I feel this is unfair termination and was curious to find out if there is any action i could take and win, because the employer new and still hired me knowing my charges.

I suggest you start by discussing what happened with your parole officer/agent.

He/she might have suggestions that could help you.

If obtaining work, or staying employed are requirements of your parole, then you must focus on obtaining work.

If things are as you recited, your parole officer/agent will probably remain supportive, and might even be able to help you.

Keep trying, don't let this unfortunate event cause you to get sidetracked.

It is your freedom and success on the line, so don't allow this to get you distracted.

 

[army judge]

Thank you my parole officer understands. I feel this is unfair termination and was curious to find out if there is any action i could take and win, because the employer new and still hired me knowing my charges.

I doubt it, but why not talk to three lawyers in your county?

Lawyers in your jurisdiction are better informed about what a court might do about a particular issue.

Most attorneys will meet with a prospective client for a free consultation.

You have little to lose by talking to a lawyer near you, but stay focused on the prize, your freedom.

 

[justblue]

Thank you my parole officer understands. I feel this is unfair termination and was curious to find out if there is any action i could take and win, because the employer new and still hired me knowing my charges.

What were you convicted of? Was it a violent crime? A sex offence?

 

[cbg]

I'm not going to deny that it was unfair.

It was not, however, illegal.

 

[Ryan Thompson]

What were you convicted of?

Not sure it really matters but for the case of curiosity and to see where this answer goes i'm willing to give the answer.

When i was 17 (in 1999) I was engaged to a 14 year old girl. We were both minors. When I was 23 (2005) and she was 20 We were still engaged. However I had pictures of my then 14 year old girlfriend nude on my phone. And I was told on by someone that was trying to get revenge on me and they black mailed me and i didn't give in to the demands. I did have these pictures I was Convicted of Sexual Exploitation of a Minor Manufacturing Visual Medium NMSA1978 30-6A-3(D)(2001) But im not the creap that this conviction has labeled me to be!

 

[army judge]

I did have these pictures I was Convicted of Sexual Exploitation of a Minor Manufacturing Visual Medium NMSA1978 30-6A-3(D)(2001) But im not the creap that this conviction has labeled me to be!

Thank you for being honest.

That, I am afraid, is going to haunt you for a very long time.

Truthfully, if you are the sex offender registry, it could haunt you for 20 or 30 years, maybe even for the rest of your life.

That is why I asked you the question, not to demean you, but to help you.

First, let's look at Sonic's dilemma.

More than likely several of your coworkers were complaining about you, some may have been acquainted with you or the victim, especially if you reside in a small town.

All that means is gossip was in play.

in addition, if you are required to be on the sex offender's registry, there's that issue.

You might also be prohibited from being around minors, especially females.

As a retired judge, I know that very often what a person is convicted of might be a lesser or included offense of the original charge.

Bottom line, talk with your Parole officer, see what he/she can offer you in advice.

Then dust yourself off, and get busy finding a job.

I know it can be tough, unlike a hundred years ago, one no longer pays the debt to society by just doing the time.

Society extracts more payment and pain by ostracizing former felons, causing some to commit more crimes, increasing rates of recidivism.

All I know is that none of this intellectual chatter will help you get a job, so all I can offer you is, get back in the fight.

You only lose the fight when you stop fighting.

Good luck, mate.