Forfeited Accrued Time off

[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?

Also, since I was dismissed, my accrued PTO (vacation/holiday/sick) is forced as forfeited. This does not seem fair as I earned 234 hours. Is there any recourse for me to be paid out this money.

 

[Duranie]

What state are you in?


It does not appear a law was broken because the misdemeanor convicton was actually true. It is not slander or defamation of character since what she was doing was tacky but telling people about something that was not false.

My question is, when you applied for the job, did it ask you if you had ever been convicted of a crime, either misd. or felony? If you lied onthe application that is grounds for termination anyways.

I suggest seeing if your company offers any sort of arbitration to settle this.

I am not sure if they are required to pay you your PTO.

It was probably legal for them to fire you but I am not sure if they are required to pay you your accruals.

Sorry you are going through this. If the crime was several years ago, depending on what it was, they possibly could have made an exeption to you but if you did not disclose it, that is probably why you were fired.

You might want to see an attorney or see if the state labor board can help you.

 

[nlstb]

This all happened after my employment. So the application was a mute point. Nothing was falsified. State of North Carolina...state of residence.

 

[cbg]

NC requires the payout of vacation/PTO time UNLESS there is a company policy to the contrary. So if there is a written company policy that states that PTO time will not be paid out under these circumstances, it's legal. If there isn't one, you can file a complaint with the NC DOL.

However, I note that you mention NC as your state of RESIDENCE. Did you also WORK in NC? It makes a difference. NC law does not apply if you were not working there.