Discrimination of Misdemeanor Conviction

[nlstb]

A fellow co-worker found out by her own search that I had a Misdemeanor conviction. She reported to the employer, whom in turn placed me on investigatory suspension to be followed by termination of employment. This employee, was passing around to other staff that there was a criminal that worked in the office.

It would seem to me there is a violation against me somewhere here...such as Slander/Defamation of Character out of malice and privacy violation.

My position was very demanding and required very long hours. My annual reviews were outstanding.

Are there any rights offered to me in a situation such as this? Also, under 'Discrimination Laws' is there nothing concidered discriminatory against a conviction?

 

[Michael Wechsler]

A fellow co-worker found out by her own search that I had a Misdemeanor conviction. She reported to the employer, whom in turn placed me on investigatory suspension to be followed by termination of employment. This employee, was passing around to other staff that there was a criminal that worked in the office.

It would seem to me there is a violation against me somewhere here...such as Slander/Defamation of Character out of malice and privacy violation.

My position was very demanding and required very long hours. My annual reviews were outstanding.

Are there any rights offered to me in a situation such as this? Also, under 'Discrimination Laws' is there nothing concidered discriminatory against a conviction?

That is infuriating... I'm so sorry. Unfortunately I think that there is very little you can do. Truth is an absolute defense to a defamation charge, which requires a lie or "untruth." There are some states that have privacy right statutes and they are set in the following areas: Appropriation of Name or Likeness; Public Disclosure of Private Facts; IntrusionUpon Seclusion; and False Light. I don't think any of the above will apply since the second one applies to items of no concern to the public such as what you do in your bedroom with a loved one. The fact that you have a criminal record may be a publicly available fact.

How did this person find your conviction? Is it still a matter of public record? If so, then unfortunately you may not have a claim against a privacy right for the obvious reason.

I can't imagine that this person will last very long at work if it gets around that she maliciously did a search and got you fired, especially if you were well liked and did good work. What did your employer say to you? Is this something that can be worked out since it seems that both of you have been satisfied with past performance? Is there a company policy/handbook that might provide you with a list of possibilities?

I wish you the best of luck.

 

[nlstb]

Thank you for response! The only options I have are to file a grievance with employer. The process is in motion. A decision was set prior to the suspension, even paper-work received has a date of effect prior to the date I was allowed to defend myself with statement. In other-words a date five days prior to the actual termination date appears on all correspondence I have received.
You are correct, from information recieved this individual is no longer employed at this facility.

 

[alex8111]

I'm curious why someone would make a big deal about a misdemeanor. Getting fired for this seems to be a bit unfair since there was no felony...

Can you expunge your record? I think a misdemeanor can be expunged if you comply to all of the court orders.