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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I committed a misdeamenor in 1983 (shoplifting) my uncle paid

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I committed a misdeamenor in 1983 (shoplifting) my uncle paid the fine and thats all I know, I'm a mexican citizen and the infraction happen in San Diego CA. I have three weeks in my new job in Mexico and I received a link to fill information for screening from the corporate office, there is a segment call convition and the title is courts, the question asked is: if I have ever been convicted or pleaded guilty or no contest to a felony or misdemeanor crime. Can the company terminate the work relation bucause of this?? even if it happen 30 years ago?? I quit my previous job to get this one, my position is HR manager. thank you very much for your help

Thank you for your question. Please permit me to assist you.

My apologies on the likely unwelcome news but an employer is always free to rescind or cancel an offer. Until you sign documentation that guarantees employment and begin work, an employer can choose to cancel. Having a criminal record is not protected under law as something that is deemed to be discriminatory, which means that if the employer chooses to terminate, they would be fully within their rights to do so.

I am genuinely sorry but I must be honest with you and your situation.

Good luck.

Customer: replied 3 years ago.


I sign a contract three weeks ago under mexico law, this screening is done by us company, my employer is in Mexico

Sandra,

Under the current Mexican Federal Labor Law (FLL), there are some restrictions on discrimination. Those factors include discrimination based on ethnicity, national origin, age, disability, socioeconomic status, health, religion, immigration status, political opinion, sexual orientation, or marital status. Please notice, however, that criminal history or criminal record is not one of those factors. under Mexican law the employer is free to rescind the offer if the criminal record review comes back in a manner that the employer finds to be unsatisfactory.

Good luck.

Dimitry K., Esq. and other Employment Law Specialists are ready to help you

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