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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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I�m in need of help with my upcoming termination, due to a

Customer Question

Hello, I�m in need of help with my upcoming termination, due to a background check.
I like the job site that I�m contracted at & I�m well liked by management & fellow workers at this site. But today I received an email from the staffing company that I work for stating that a 5-year-old �shop lifting� conviction will cause me to be discharged in five days. I have 5 days to countermand their findings.
I have one misdemeanor conviction for Shoplifting in 2012. At the time I was homeless, and stole a $45 comforter from Walmart. The Phoenix veteran�s court tried, but couldn�t help me get it removed from record since it took place outside their jurisdiction. (Glendale AZ.)
I know I have at least several options, which includes a relief of Civil Disability and/or try expunging it from my record, but they gave me only 5 days, to appeal there findings.
I don�t want to start off incorrectly handling this matter, What should I do?
Thank you,
Submitted: 12 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 12 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The main problem is that Arizona is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

Termination based upon a criminal record is legal (although in certain instances, such as yours, I agree that it doesn't make any sense). Even if you had it expunged from your record, that doesn't mean that it didn't happen (and your current job would still have the information that it happened in the first place). The best thing that you can do is talk to the supervisors and managers above you and see if there's some sort of exception that can be made. Explaining the situation, that you're trying to get it expunged and that it certainly was an unusual and abnormal matter (that would never happen again) could help. There's no legal right that you can rely upon here, as the employer is still within their rights to terminate under these circumstances. But appealing to their humanity and not trying to sweep it under the rug, but seeking for them to give you a chance would probably be the best option.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 12 months ago.

Hello?

Expert:  ScottyMacEsq replied 12 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 12 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 12 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable.

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 12 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 12 months ago.

Was there anything else?

Expert:  ScottyMacEsq replied 11 months ago.

Did you have any other questions before you rate this answer?

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