Sex Crimes, Sex Offenders Can I sue for discrimination?

[WhiteCollar]

Ok, so here's my situation. I am in the process of being convicted of insurance fraud, class C felony in NY. My attorney and I have agreed to a plea with the DA for a five year probationary sentence to avoid jail time. I committed the crime while working for my previous employer and was fired in January of 2009. I knew I would be investigated eventually, but throughout the entire year of 2009 I was not charged or looked into. I landed a job finally in December of 2009 with a social services organization that is governed by NYS OMRDD. The only question on the application was whether I had been convicted of a crime or charges pending...at the time, neither was applicable, so I checked no. I worked there for 4 months, but in March of this year I was finally arrested. I explained the situation to my boss and I was suspended pending the outcome. Eventually I received a letter from my job that they had to let me go because the guidelines state they have to protect their clients and they cannot watch me all the time. I have read all the state literature front and back and it indicates that it is up to the employer to make the call, so their letter was incorrect. They did not have to fire me, they chose to, and even before I was convicted and their reasoning in writing cited state regs that I believe are incorrectly cited. I know I am probably going out on a limb here, but can I sue for my job back? I made a mistake and will pay my dues, but I will not willingly be discriminated against if this is the case. Any insight would be helpful.

 

[Proserpina]

What makes you think you've been illegally discriminated against?

(hint: you have not)

 

[WhiteCollar]

What makes me think? They fired me because I had "pending" charges. Not a conviction, "pending charges". So they are firing me for having a record....which by law it is illegal to discriminate against someone just for having a record and they clearly said in writing that is why i was being fired.

 

[WhiteCollar]

What would you call it then?

 

[cbg]

So they are firing me for having a record....which by law it is illegal to discriminate against someone just for having a record

Please post a link to the law that says so.

 

[CdwJava]

Not all discrimination is unlawful. It may be unlawful to fire someone because of a criminal conviction or allegation unrelated to their employment, but it is not unlawful "discrimination."

However, from their standpoint, having someone on the payroll who is pending a conviction for fraud (a crime of moral turpitude) is a HUGE potential liability. They have an obligation to clients to try and be above reproach.

If there is no contract in place governing these matters, and no personnel rules covering the situation, then you may be up a creek. As I understand it, New York operates under a pretty serious "at will" employment doctrine. In other words, they need minimal cause to let you go.

So, your best bet might be to seek a free consultation with an attorney versed in New York labor laws and see what he or she has to say.

 

[WhiteCollar]

So they are firing me for having a record....which by law it is illegal to discriminate against someone just for having a record

Please post a link to the law that says so.

"The New York State Human Rights Law states that an applicant may not be denied employment or licensure because of his or her conviction record unless there is a direct relationship between the offense and the job or license sought, or unless hiring or licensure would create an unreasonable risk to property or individual safety. This law applies to employers with ten or more employees. A person with a criminal record is entitled to a statement of the reasons for such denial. Factors to consider in analyzing whether employment may be denied are found in NY Corrections Law, Article 23-A. In addition, an employer may not inquire about nor act upon an arrest that was terminated or determined in favor of the individual."

 

[WhiteCollar]

And for the record, I was coordinating services for autistic children, helping families get things they need for their disabled kids. I wasn't involved in any money handling or anything at all that could benefit me in any way. I went back to my social work roots in order to be involved in a career where I could help people again. What kind of risk could I pose to the company? It's complete and utter bullshit and this country is ass backwards in its attempt to "rehabilitate" convicts. I made one mistake, have a college degree and 15 years of work experience....and pretty soon I will have to resort to more crime in order to live, eat and just get by!

 

[cbg]

Oh, I can see a pretty direct connection even if you can't.

 

[WhiteCollar]

Oh, I can see a pretty direct connection even if you can't.

What the hell is that supposed to mean? You see a connection between insurance fraud and finding services for families in need? I'd love to hear your rationale. You're on here to either instigate or you're just an asshole. Either way, if you're not going to write anything worthwhile, don't say anything at all. People deserve second chances in life and I am working hard to earn mine. I don't need your negativity.

 

[Proserpina]

Taking an attitude with the people who are trying to assist you is not going to work well for you.

I can ALSO see the connection. I'm actually surprised that you can't?

(And a tad confused, admittedly - why is it you think at least two responders can see your ex-employer's point? We aren't involved. We're objective bystanders. We have nothing to gain by agreeing or disagreeing - it is what it is)

 

[CdwJava]

A crime of moral turpitude (which fraud would be) is one that reflects, generally, on one's trustworthiness. One legal opinion stated that a crime of moral turpitude was an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man." A person employed in a position of responsibility needs to be trusted. If your position entitles any reports, attestations, claims, documentation, etc., then all of that can now be challenged and could be suspect as a result of any conviction. Such an allegation or conviction can render you ineffective in many jobs because of the stain on your personal character that it can leave.

 

[WhiteCollar]

So, because I had a gambling addiction and made a mistake I should rot in hell forever like a murderer or rapist or something just as vile.....just ban me to hell....I am a good person....but because of the system I am more likely to be one of the people you despise I have no chance....and don't tell me flipping burgers is a chance because I would rather be incarcerated.

 

[WhiteCollar]

So, because I had a gambling addiction and made a mistake I should rot in hell forever like a murderer or rapist or something just as vile.....just ban me to hell....I am a good person....but because of the system I am more likely to be one of the people you despise I have no chance....and don't tell me flipping burgers is a chance because I would rather be incarcerated.

Reminder, I had one white collar crinme because I needed help!

 

[army judge]

So, because I had a gambling addiction and made a mistake I should rot in hell forever like a murderer or rapist or something just as vile.....just ban me to hell....I am a good person....but because of the system I am more likely to be one of the people you despise I have no chance....and don't tell me flipping burgers is a chance because I would rather be incarcerated.

Society pays lip service to many things.
Our LIE-geslators make laws requiring kids to wear seat belts and helmets.
But, then they allow adults to have sex with teenage boys and girls.

We say we want to rehabilitate felons.
It used to be you did your time, your debt was paid.
I agree, today our LIE-geslators make a person pay for the rest of their life.

If you serve your sentence, the crime should disappear.
You should get three strikes, before you have no more chances.

Just like in baseball, if you get convicted three times, you get locked away for the rest of your life.
The first two strikes don't count.
Now, I'm not talking about letting rapists, murderers, traitors, or terrorists off that easy.
But, most other offenders should get three strikes.

It ain't never gonna happen.
But, thing sure used to be better.
Society used to forgive you after you did your time.
That allowed you to rebuild your life.

 

[CdwJava]

So, because I had a gambling addiction and made a mistake I should rot in hell forever like a murderer or rapist or something just as vile.....just ban me to hell....I am a good person....but because of the system I am more likely to be one of the people you despise I have no chance....and don't tell me flipping burgers is a chance because I would rather be incarcerated.

In today's litigious society, many employers are very wary of hiring an employee in to a responsible position whose "word" on anything is going to be instantly rendered questionable because of a criminal history for being dishonest.

Certainly, someone should give you a second chance, but it might take time - or a very, very understanding employer. If yours is a market where there are sufficient qualified applicants for the job, why choose you over someone who will not have a credibility problem?