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Old 08-14-2006, 05:56 PM
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Default Criminal records any HMT legal advice

long *** story so i'll try to make it short, when i was 18 (2004) me and some friends did some stupid things and ended up dealin with the legal system. Before people start callin me a criminal and talking ---- i just want to say it was the biggest mistake of my life and i have been paying for it ever since. Anyway i was charged with 3 felonies, two weeks from graduation. I ended up getting a plea bargain and the felonies were supposedly dismissed for a tresspacing misdemeanor charge. I paid court charges, and resetution and finished my probation in 6 months instead of the 10 I was sentenced.

Everything was gravy until Saturday I get a letter from Human Recourses at my work saying my employment has been terminated because of my criminal record. My job just started doing criminal record checks because of new policies and they said they couldn’t keep me casse I had a felony. I was like WTF I don’t have a felony so went to court today and pulled my record and the court made a mistake. One of the papers (the deposition) said the felony (grand larceny) was still in there. I yelled at a couple of people there and turns out somebody over at the clerks office fucked up. They made me wait for a few hours over there and they fixed my record so that no I only have the misdemeanor. Some ------- clerk was too lazy or dumb to do his job right which cost me my job. I called my job and talked to them today but I don’t think they are going to keep me because of this ----.. Ive been working there for three months and I love this job is there anything I can do keep my job.. I mean can I sue my work? Im fucing pissed its bad enough I have to pay for my mistakes, I shouldn’t have to pay for other peoples.. guess life is a ------- bitch
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Old 08-14-2006, 06:04 PM
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Default Re: Criminal records any HMT legal advice

Go to HR with your paperwork that says it's not a felony, you should be able to clear things up with them.
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Old 08-14-2006, 06:10 PM
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Default Re: Criminal records any HMT legal advice

That sucks man. Your job did nothing wrong. They had the right to terminate you for the reason they did when your credit was checked. If you try to fight it they can easily build a case againt you and claim your production, work quality, rapport with other co-workers, etc. was/were not good, so they don't have to rehire you. You have to reason with you boss and hopefully he/she was impressed with your performance and give you a second chance. Any hope of a legal action would have to be against the court and/or clerk that made the error.

Good luck.

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Old 08-14-2006, 06:21 PM
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Default Re: Criminal records any HMT legal advice

If they fired you because you had a felony on your record, I doubt they will be able to change their story and say it was because of performance issues. They would usually need a least one written warning, etc... Every company is different though. After a certain amount of time it's usually not as easy to fire somebody, 3 months might be close, if you were brand new then yeah it would be easy to fire you for just about anything.
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Old 08-14-2006, 06:30 PM
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you could always get a lawyer if they wont give you your job back
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Old 08-14-2006, 07:18 PM
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Default Re: Criminal records any HMT legal advice

I talked to my boss and this guy is a really nice dude and says he will vouche for me if HR ok's it, I know my job hiers people with missdemenors as long as its not something "envolving violence" but felonies are out of the question. When i got the job i signed a release form sayin i didnt have a felony and lying on you release form is an automatic termination... since it was a mistake i think i have a good shot.. i am going to get the same attorney that represented me in my old days to come with me when i go to talk to HR... If i do loose my job, and it looks like i will can i sue the clerk or court for lost wages or something? no wonder it was so hard for me to get jobs the last two and a half years...
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Old 08-14-2006, 07:59 PM
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Default Re: Criminal records any HMT legal advice

As you said; it's not a lie. You legally had it as a misdemeanor; adn someone fucked you over. Boss also likes you; so pretty much don't go after them. Go after whomever fucked it.
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Old 08-14-2006, 08:08 PM
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Default Re: Criminal records any HMT legal advice

I don't know if it would be even worth it to go after the clerk. If you haven't lost your job that long you might not come out on top with the money. Just hope you getyour job back and if you don't I am pretty sure you can get another one.
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Old 08-14-2006, 08:24 PM
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Default Re: Criminal records any HMT legal advice

Originally Posted by crxrx7
I don't know if it would be even worth it to go after the clerk. If you haven't lost your job that long you might not come out on top with the money. Just hope you getyour job back and if you don't I am pretty sure you can get another one.
yeah i know, i like this job because it is at my school, I basicly get paid for sitting around and doing homework or checking my email and HMT,, and as far as the clerk goes can i sue for diminished earning cababilites as a result of neglegence?
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Old 08-14-2006, 09:11 PM
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Default Re: Criminal records any HMT legal advice

Originally Posted by tman6919
as far as the clerk goes can i sue for diminished earning cababilites as a result of neglegence?
Talk to your attorney. You might be able to sue for loss of wages due to neglegence, but the legal fees might far exceed the amount you'll be able to get. It might not worth the time or effort.
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