WhiteCollar
New Member
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.