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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19513
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Is there a law that pretect the workre and what is can some

Customer Question

Is there a law that pretect the workre and what is can some call your home and put on your answer machine that you was on probation in the 2000 or is the confordience
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 4 years ago.
Hi,

My name is XXXX XXX I'd be happy to answer your questions today.

Unless you were a juvenile at the time, criminal history is a matter of public record. Anyone can go down to the courthouse, look at the case file, and makes copies if he or she wants to. As a result, there is no law that prohibits someone from stating that you were on probation, as long as it was true.

I understand that you may be disappointed by this Answer, as it is not favorable to your situation. Had I been able to provide you with better news, I would have been happy to do so. I work hard to provide you with the correct Answer under the law, and because I have no control over what the law is, I ask you not to hold it against me. It has been my pleasure to assist you, and it would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having answered your Question. Thank you in advance. Best of luck,

Customer: replied 4 years ago.
Ok Lucy I need your help to this question? when i was hired i gave her my crimal record and she knew that i was on probation at the time of hired and she hired me any way then about aweek later she stated that i was fried because of my record and that i did not fit in to the program but this is not true .when i was working at this estabishment no one would talk with me then the girls was always tell me what to do there was no paper to follow or work direction I never got trained for the job then on saturday 6/22/10 i worked in this estabishment along so if I didn't fit in the program why was i left to do that saturday by my self. i know it was not my crimal record but the color of my skin and because a client asked for me and that I was only there one week the other girls did
Expert:  Lucy, Esq. replied 4 years ago.
Most employment is at-will, so, if they let you go because of your record, that would be allowed. Since they knew that you were on probation at the time you were hired, it doesn't make a lot of sense that they would fire you because of it a week later. But, they really could fire you for "not fitting in," even though it sounds like a cop out.

You can show a prima facie case of employment discrimination if you can show that you are a member of a minority race and that you suffered a negative employment decision (such as getting let go). Then, the burden will shift to them to show a non-discriminatory reason for letting you go.
Customer: replied 4 years ago.
Lucy I through that a law was passed in2009 that your crimal record couldn't be use for termination or it can;t be use against if you only have a mistermeaner not a felonly
Expert:  Lucy, Esq. replied 4 years ago.
The law states that the employer may only consider felony or misdemeanor convictions that have a direct impact on your ability to do the job. I don't know what the job is or what you were on probation for, so I don't know if that applies. Also, if they let you go because of your record, they are required to notify you in writing.

However, since they said that they didn't think you were a good fit for the job, they'll have a defense, because that falls within the permissible realm of at-will employment.

If you believe they violated your rights, you can contact one of the following agencies:

Regional EEOC Branches

Philadelphia District Office
21 S. Fifth Street, Suite 400
Philadelphia, PA 19106
XXX-XXX-XXXX or XXX-XXX-XXXX
TTY: XXX-XXX-XXXX or XXX-XXX-XXXX
FAX: XXX-XXX-XXXX

 

Pittsburgh Area Office
XXXX XXXXXXX XXXXXX. Suite 300
Pittsburgh, PA 15222
XXX-XXX-XXXX or XXX-XXX-XXXX
TTY: XXX-XXX-XXXX or XXX-XXX-XXXX
FAX: XXX-XXX-XXXX

 

Human Relations Commission
Harrisburg, PA
XXX-XXX-XXXX
www.phrc.state.pa.us

Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19513
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 11 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you kindly lucy for all the help you are the best keep do what you are doing and my god bless
Expert:  Lucy, Esq. replied 4 years ago.
You're welcome. Thank you for accepting my answer and for the kind words. Have a good evening.

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