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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I worked for a retail company starting Nov. 2012 and was just

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I worked for a retail company starting Nov. 2012 and was just fired Oct. 8, 2013. On the application it asked if I had a felony or criminal misdemeanors. I had a DUI in 2004 and 2006. I was under the assumption that they were considered just misdemeanors and that after 7 years you did not have to list them. I did list the one in 2006 even though I thought they were just misdemeanors. I was hired and worked there from Nov. 2012-Sept. 2013.

In August I was approached by the Store Manager and asked if I would be interested in being an interim key-holder till 2nd week in Oct. I would be helping the store due to the fact that a manager had quit and another was not returning till the 2nd week in Oct.

I was to begin as the key-holder starting Aug 21. Then on Sept 13 HR called and spoke to me. She asked me about my background and if there was anything that I thought I needed to share. I did not hide anything and I told her in detail what occurred on each one and the outcomes. She then told me that I needed to turn in my keys and that I was suspended until further investigation. Then on Oct. 8 I was told to come in and I got terminated.

I find it odd that my background check came back ok and I was promoted in Aug., but it was not until Sept. 13 that I was talked to. I was hoping that they would not let me continue to be a key-holder and instead demote me to a sales associate.

Is there anything I can do?

My name is XXXXX XXXXX I will be assisting you with your legal question.

I'm sorry to hear about this situation. In this case, you are what is called an "at will" employee. Under the At Will Employement law, an at will employee may be terminated for any reason whatsoever. Thus, the fact that you mistakenly left of the past violation in your application will serve as a justified basis for terminating you in this case.

Why they waited so long to make this an issue is not clear here. I could speculate that HR simply did not review your background check thoroughly until you were asked to be a key-holder.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
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