Wrongful termination/ Problem with Prob. officer

[Chris0974]

Good Morning.

I tried posting my question on another legal help site but didn't really get the answer I was searching for. I'm not quite sure how to use this site, so I figured I'd send a message and maybe you could answer my question or redirect me to the proper forum. I am presently on probation for a felony conviction from NJ. I now live in TN, transferred here about 6 weeks ago with wife. The PO here called my job and I was fired on the spot for having the conviction. Background info: was working with a company who hired me directly after my arrest (no conviction at that time). My sentencing occurred about 1.5 years later...no problems at work...guess no one knew. Moved to TN to be with wife who was relocated with work, so I was able to relocate with my business. When in NJ, the PO there only contacted me, never work or anyone else. Employment verification was required and satisfied by paystub presentation. Down here in TN, I found out after losing my job, that the PO called my work and stated he was calling from Probation and Parole. My new boss fired me within a few days. I asked the PO why he did that, and he simply stated its standard procedure. To me, it seems like whistle blowing. I asked him not to do it and he negotiated with me that when I got a new job, he would give me some time to get settled and make a good impression (my words) before calling them. Do I have a right to not be defamed in this manner? My actual crime in this present state would have been charged as a misdemeaner (I looked it up). What is the answer here? Also, was wondering if my termination was legal or not. I never lied on any application and the conviction was stated verbally as the sole reason I was being let go. If you could help me, I'd appreciate it greatly. I have to see the PO again on Wednesday and I need to be ready to discuss my new job with him and see if I can just get him to work with me. I don't understand why, for simple verification purposes, he couldn't just call my work, ask for me, and then realize that I do work there. Otherwise, it would be obvious asking for someone who is not there. I should mention that my new job did not ask any questions about background, nor was there an application to fill out. Thank you in advance for any help you could give me. Have a good day.

 

[cbg]

You were not defamed. Defamation means UNTRUE statements. What he said was true.

What you have described is not whistleblowing in the employment law sense of the word. If you contacted the DOL and reported that your employer was violating wage and hour laws, or the EEOC about violations of discrimination laws, or OSHA with safety violations, THAT'S whistleblowing.

No law in TN prohibits an employer from firing you for having a conviction, regardless of whether it was a misdemeanor or a felony.

 

[CdwJava]

I don't understand why, for simple verification purposes, he couldn't just call my work, ask for me, and then realize that I do work there. Otherwise, it would be obvious asking for someone who is not there. I should mention that my new job did not ask any questions about background, nor was there an application to fill out. Thank you in advance for any help you could give me. Have a good day.

It's about more than just verifying employment. Some probation officers will visit your workplace, inspect your work station (for contraband or indications of such), and might even ask about co-workers and such. There are a number of reasons to do this and they have to do with keeping you on the straight and narrow.

Remember, probation (and being allowed to transfer probation to another state) is NOT a "right", it is a privilege. Plus, your conviction is a matter of public record.

The fact that your current PO is willing to work with you is a good sign. The fact that your previous employer did not like having a convicted felon on the payroll is not terribly surprising, but if they never asked about convictions it seems incongruous to suddenly terminate you because you are. Although the nature of the offense (whatever it is) might have something to do with it.

I suggest that in any new job you get you be up front about your prior history - that would mean that your PO's contact would NOT come as a surprise.

- Carl

 

[Chris0974]

follow up / probation

I know the forum here was for wrongful termination, but the point I'm trying to get at is this: do I have any rights to my privacy regarding my past? Just because something is PUBLIC RECORD does not mean that it is my PO's job to call everyone I work for to notify them. That seems like sabotage. My PO in NJ said it was standard policy not to contact my work (b/c they know I'm trying to move forward, and it could be detrimental if work was aware.) I have been on the "straight and narrow" for almost 3 years, so that's not an issue. Basically, my PO here can verify my employment by my pay stubs...he could even call my work and ask for me, and I'd either answer or he'd get my voicemail. Why isn't that enough? Why does he have to identify himself? It seems underminding. That's all I was asking. Please reply. Thanks.

 

[cbg]

No, you do not have any right to privacy concerning your past. There is nothing in the law that permits you to keep the fact of your conviction secret from your employer.

 

[CdwJava]

do I have any rights to my privacy regarding my past?

When it is a matter of public record, no - not really.

Just because something is PUBLIC RECORD does not mean that it is my PO's job to call everyone I work for to notify them. That seems like sabotage.

You can certainly call and ask to speak to your PO's supervisor, but unless the actions are malicious I doubt anything will come of it. It is not uncommon for probation officers to speak to employers and even visit their places of employment.

My PO in NJ said it was standard policy not to contact my work (b/c they know I'm trying to move forward, and it could be detrimental if work was aware.)

That's the policy of that office - not the law. The law says they can ... if they choose not to, that's perfectly legal as well.

Basically, my PO here can verify my employment by my pay stubs...he could even call my work and ask for me, and I'd either answer or he'd get my voicemail. Why isn't that enough? Why does he have to identify himself? It seems underminding. That's all I was asking. Please reply. Thanks.

There are many reasons why it can be important to speak to an employer or visit the workplace. Not only do they verify place of employment, but activities, associates, and anything that might be detrimental to a probationer's chance of rehabilitation.

As I said, if you don't like the workplace contacts, you can either be up front with future employers, or you can speak to the PO's supervisor in the vain hope that the PO will have to change his methods.

- Carl

 

[Chris0974]

Thanks Carl. I'm sure you have heard a million stories from probationers, but basically I've been trying to put my mistake behind me for about3 years. I was successful at my last job, then relocated here. Everything was fine until the new PO called my work. I lost my job, health insurance, and all b/c of one phone call. My actions have been flawless since I broke the law. I just don't understand why this guy won't help me keep moving forward. He knows his call cost me my job, yet he continued to say he calls everyone's work. I give him no reason to doubt me, and I don't need to carry my mistake on my back for the rest of my life. Thanks for listening and continuing to provide feedback. I appreciate it. Have a good week.

 

[calalily]

Have you tried contacting the HR department and talking with them about this matter. Tell them what you have told us...how you have turned your life around, that when employed you didn't have a conviction so didn't disclose it, and ask if there is a way to be reinstated, your good work history.... Will PO write you letter or intervene on your behalf? Worth a shot since you've already lost your job.

 

[Chris0974]

Calalily....that bridge has burnt down. I was the new guy in a new town, much different than home. I tried my best, but the fact that the store manager shot me down on the spot lets me know there is no going back. I've accepted that. For now, I'm just concerned about moving forward. I have found a new job and I love it. It has great earning potential and the people I work with are terrific. Now I'm forced to decide how I should approach my sales manager about this. My crime is not violent or have to do with money, but it does have to do with people and is somewhat embarassing for me. I know that despite what I plead for with my PO, eventually he WILL contact my new work, identify himself as calling from Probation and asking if I work there. I feel I should talk to work about it, but am very concerned about losing this great opportunity. If you have any suggestions I would love to hear them. I can't afford to keep losing jobs b/c this guy wants to call and let everyone know my past mistake...it's becoming a damn monkey on my back. I'm just trying to push forward for myself and my family. Thanks for your post, I really appreciate it!

 

[cbg]

Y'know, your probation officer is not doing this because he's decided to personally sabotage your work history. He's required to make certain checks. He's doing his job. He's not out to get you. If you would stop taking this as a malicious and personal attack instead of accepting that this is one of the consequences of committing crimes, you'd probably be a lot better off.

 

[calalily]

Have you tried to negotiate with the PO as to giving him/her paystubs periodically as proof of employment? Does he/she know you lost your last job due to the call?