Page 1 of 2 1 2 LastLast
Results 1 to 10 of 19
  1. #1
    Join Date
    Feb 2010
    Posts
    27

    Default Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    I recent took a position at a gym working the front desk (scanning people in, etc...) and about a week after they gave me a standard background check. I did it and then was terminated due to having a bad background. I have no convictions on my record, although i was arrested about 6 months ago. The case is still pending and should get dropped down to something way below what I was charged (Grand Larceny). I barely deal with money in this position, maybe $5-$10 a day and for the most part, I just scan peoples barcodes and call people whose accounts have outdated billing info.

    Can I rightfully be terminated for arrests? I thought that was illegal?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    Were you asked any questions, either at interview or on paper, to which a truthful answer would have revealed the arrest? And if so, did you tell them about it?

  3. #3
    Join Date
    Feb 2010
    Posts
    27

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    I was asked about convictions to which i said I had none because I def never had any

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    New York - It's unlawful to inquire about or act on arrest records *not* pending unless specifically required or permitted by statute. However, it seems your arrest record *is* still pending.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    You may not deal with money at a gym, but you will certainly have access to a locker room with valuables in it.

    I can easily see why they wouldn't want to employ a thief... even if that thief was able to get the crime plead down.

  6. #6
    Join Date
    Dec 2008
    Posts
    240

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    FIRST OFF ONE IF THEY HAPPEN TO YOU POOR JUDGMENT ONCE IS REALLY NOT A THIEF, THE JUST ACTED LIKE ONE. you have rights call lawyerXXXXXXXXXXXXXXXXXXXXXXXX
    YOU CAN NOT AND I REPEAT CAN'T BE FIRED FOR A PENDING ARREST. .

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    Quote Quoting equality
    View Post
    FIRST OFF ONE IF THEY HAPPEN TO YOU POOR JUDGMENT ONCE IS REALLY NOT A THIEF, THE JUST ACTED LIKE ONE.
    he should be able to help.
    YOU CAN NOT AND I REPEAT CAN'T BE FIRED FOR A PENDING ARREST. .
    First, any lawyer that would try to get clients over the internet puts their own skills into question.

    please provide the case law that states you cannot be fired for a pending arrest.

    Thanks.

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    I would like to know the law also. My ref. has you can take action on a *pending* arrest New York. Convictions NY may only be used to determine if there's a direct relationship between the offense & the job sought or an unreasonable risk of harm to the public. As cyjeff noted, there seems to be a relationship between job & offense if convicted.

  9. #9
    Join Date
    Dec 2008
    Posts
    240

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    call the new york human rights sivision in new york. i don't see a direct relationship at all. read the case law. but first off these writers are referring the correction law 752,753, but only apply to convictions.
    a pending arrest does not qualify. you are innocent until proven guilty speak with a lawyer that specializes in this stuff. like roland acevedo he does not need the business and enjoys helping people.
    if you do take a plea to misdemenaor then join the new york sealing thread where we are advocating for sealing bill in new york state and that would clean your record.
    best.

  10. #10
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Can I Be Terminated for an Arrest, Not Pertinent to Job Position, in New York

    Ok, to summarize:
    New York: arrests - It's unlawful to inquire about or act on arrest records *not* pending unless specifically required or permitted by statute. Inquiries regarding arrests are always permissible (whether pending or not) for employment as a peace officer or a police officer, or if required by other statute; or for applications for employment or membership in any law enforcement agency, regarding arrests followed by a youthful offender adjudication or by a sealed conviction.

    (Poster's arrest *is* pending.)

    New York" convictions - Information about convictions may only be used to determine if there's a direct relationship between the offense and the job sought or an unreasonable risk of harm to the public. N.Y. State employers may not make an inquiry on an employment application or make an adverse employment decision based on convictions that have been sealed pursuant to Sect. 160.55 or 1650.58 of the Criminal Procedure Law or information pertaining to youthful adjudications under Sect. 720.35 of the Criminal Procedure Law.

    Arrests - applies to employers with 4 or more employees.
    Convictions - all public employers and private employers with 10 or more employees.

    N.Y. Exec. Law 296 (15) & (16) & N.Y. Correc. Law 750 through 753.

    The poster is certainly free to contact the N.Y. Division of Human Rights or talk to an attorney but the law is as above.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Getting Fired: Position Terminated and International Labor Law
    By Cajuncas in forum Employment and Labor
    Replies: 1
    Last Post: 11-14-2009, 08:39 PM
  2. Terminated After Refusing to Relocate for Light Duty Position
    By army-mom3 in forum Worker's Compensation
    Replies: 3
    Last Post: 11-09-2008, 10:09 AM
  3. Getting Fired: Terminated In New York
    By DOM10012 in forum Employment and Labor
    Replies: 1
    Last Post: 11-14-2007, 10:23 AM
  4. Workers Compensation Issues: Loss of Position Due to a Work-Related Injury in New York
    By jake77 in forum Worker's Compensation
    Replies: 1
    Last Post: 10-20-2006, 11:23 AM
  5. Getting Fired: Terminated After Reclassification of Position
    By GraciAnn in forum Employment and Labor
    Replies: 3
    Last Post: 03-30-2006, 11:24 AM
 
 
Sponsored Links

Legal Help, Information and Resources