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  1. #1
    Join Date
    Dec 2013
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    11

    Default Fired for Pending Felony Charge

    My question involves labor and employment law for the state of: New York State

    I am 18 years old. I currently have a pending charge (Which is an accusation hence why I'm charged with conspiracy because it's theory as of right now) Conspiracy with the intent to distribute Methylone. Yes, this is a felony however this is a pending charge. I applied at call center that works with software companies for customer support, so a drug charge has no correlation involved (Answering phones and accused of selling narcotics have nothing in common) I was fired for strictly this and no other reason. While I understand NYS is an "At-will" state, isn't there still guidelines? Keep in mind the probability of me being incarcerated is slim to none, therefor I am not a liability.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,675

    Default Re: Fired for Pending Felony Charge

    I applied at call center

    I was fired

    Which is it? Did you apply and were not hired, or were you hired and fired?

    If the second, how long had you worked there?

  3. #3
    Join Date
    Dec 2013
    Posts
    11

    Default Re: Fired for Pending Felony Charge

    No I did apply and was hired, I have been working there for 2 days at this point. I have been on time, haven't done anything wrong etc

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,675

    Default Re: Fired for Pending Felony Charge

    Did they tell you this was why you were being fired?

    Was the charge already pending at the time you were hired and if so, did you disclose it before hire?

  5. #5
    Join Date
    Dec 2013
    Posts
    11

    Default Re: Fired for Pending Felony Charge

    They told me I was being fired due to a pending drug charge. They said anything involving theft, drugs or petty larceny makes you disqualified. So pretty much if I commit rape and get bail, I am okay to work?

    The charge was pending at the time however I was asked if I have been convicted, which is no. I was told to be honest when answering question and the answer was in regards to conviction, not a pending charge. I spoke with my pre-trial officer and he said it's illegal for them to do that he's pretty certain, especially considering the nature of the crime (Drug charge) I would understand if it was larceny or identity theft considering I would be handling sensitive information with customer accounts. However right now it is an accusation, how is that fair? I mean you can be accused of ANYTHING, however innocent until proven guilty, sounds ignorant but am I wrong?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,675

    Default Re: Fired for Pending Felony Charge

    This is going to sound like a hair split, but it's nonetheless the way the law works.

    If they fired you BECAUSE you have a pending charge, that is illegal under NY state law.

    If, however, they fired you because you did not disclose the charge when asked, that is legal.

    I understand that they asked about convictions and you have not been convicted. However, you were also told to be honest when answering questions and you withheld information because they didn't word the question exactly right.

    I can see this going either way. I can see the state saying to the employer, Too bad so sad, if you wanted to know about pending charges as well as convictions you should have said so. I can also see the state saying to you, You knew what they wanted to know and you lied by omission - good luck finding your next job. I think given what they said about disqualification you've got a good chance, but the fact that they hired you knowing about the charge gives them a reasonable chance too. So I don't think it's entirely cut and dried.

  7. #7
    Join Date
    Dec 2013
    Posts
    11

    Default Re: Fired for Pending Felony Charge

    I was not fired for not disclosing it the pending charge. I did answer truthfully to the question on the application "Have you been convicted of a felony or misdemeanor" I was accused, not convicted therefor I cannot say that I withed information because I was asked a specific question that being the main keyword "CONVICTED" not "Pending or accused" To quote the supervisor "We are terminating your position due to a pending drug charge, we cannot hire anybody with petty larceny, theft or drug charges, this is policy and if we don't when we get audited we can get fined severely for it" She said it's a contract thing with Intuit (The company that owns my employment) Also I did not think that a pending drug charge would effect my employment considering that I am on home detention on pre-trial and that I was given the "Ok" to look for employment.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,345

    Default Re: Fired for Pending Felony Charge

    Cbg, could you simplify this for me please?

    http://www.eeoc.gov/eeoc/newsroom/wy...on_records.cfm

    Does that complicate or simplify things?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
    Join Date
    Dec 2013
    Posts
    11

    Default Re: Fired for Pending Felony Charge

    Quote Quoting Dogmatique
    View Post
    Cbg, could you simplify this for me please?

    http://www.eeoc.gov/eeoc/newsroom/wy...on_records.cfm

    Does that complicate or simplify things?
    I don't understand how this relates to a pending charge? This seems more focused towards race discrimination.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,345

    Default Re: Fired for Pending Felony Charge

    Read it again.

    You should be able to see why I brought it up.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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