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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 23083
Experience:  14 years practicing attorney
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I was fired back in 2010 for supposedly lieing on my application

Resolved Question:

I was fired back in 2010 for supposedly lieing on my application about my criminal recored. But for 1 it said tha last 7 yrs an figured it was close enough to say no because it was in 04. An was out on bond at tha time also but hadn't been convicted yet. But also come to find out they only do back round checks for management positions. An I was in no way even there long enough to be considered for a management position, nor did I meet the qualifications to be one...
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA. My goal is to provide you with excellent service and help with your legal problem.
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I am sorry to hear of your situation with your employer. What is your legal question that I can help with this afternoon?
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Thanks
Barrister
Customer: replied 1 year ago.

would that be grounds for a lawsuit..?

Expert:  Barrister replied 1 year ago.

would that be grounds for a lawsuit..?

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Unfortunately no. If you weren't under a written contract for a set term, then you would have been considered an "at will" employee under NM law. What this means is that an employee can quit or an employer can fire or change the terms of employment (change hours, location, duties, pay, etc.) at any time for any or no reason at all.

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While what the employer did was inequitable and unfair, it was not illegal. Wrongful termination only comes into play if you were terminated for being part of a protected class (gender, sexual orientation, age, disability, religion, national origin).

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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.


 

 

Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 23083
Experience: 14 years practicing attorney
Barrister and 15 other Employment Law Specialists are ready to help you

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