My question involves labor and employment law for the state of: Pennsylvania Im hoping and praying that there is someone that can help me or give me some advice on the following. Here's a short summary of my situation. I was recently (03-08-12) terminated from my job position as a counselor of adjudicated youth.. I have been an employee ofthis company since (01-02-07) during that time I have been dedicated and professional. I have never been given a written reprimand, child lined, or had a negative performance evaluation. I was terminated due to a situation that occurred in 2003, when I was a public school teacher in the State of Virginia. I was charge with sexual assault of a student. I was acquitted of those charges by a jury. My direct supervisor called me in for a meeting and stated that information regarding my past was discovered and that I was a liability to the company should anything ever happen they would be liable and I was terminated. They (HR)were aware of the facts of my previous arrest and acquittal for several years. Due to my FBI clearance that clearly stated those charges and the acquittal. It was never asked about it then. I have the clearances required in order to perform this job Act 33 & 34, and the FBI clearance. I was never questioned about my past and also never attempted to hide it. I am somewhat sure that this was information that was maliciously presented to someone within the company, due to the fact that this just suddenly came to their attention. They gave me no other explanation for my termination. I would like to know, if I have any possible legal action to pursue. I think that it is unbelievable that I was acquitted and I am still being treated as if I was guilty. I have done some research and know that PA has a statute 9125 and the following case law.
In Hunter v. Port Kauth of Allegany Cty., 277 Pa. Super. 4, 419 A.2d 631 (1980) the
Pennsylvania Superior Court held that denying employment based upon prior criminal
conviction not related to the position was a violation of public policy. A statutory provision that permits an employer to consider felony and misdemeanor convictions only to the extent to which they relate to the applicant's suitability for employment in the position for which he has applied. 18 Pa. Cons. Stat. Ann. § 9125(b) (West 2003).
ing case law.