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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a teacher and was hired in August 2015. I was trained

Customer Question

I am a teacher and was hired in August 2015. I was trained for one week and placed in a school and on day two I received a call from Human Resources asking me to report to the central office because they found something in my background check. I told them I was not aware of any case against me and they must have the wrong person. I have been an operations research analyst, teacher, principal and educator for the past 20 years and never had anything come up in any background investigation. The case they were referring to was a case that was dismissed in court involving my first wife who falsely accused me of sexual coercion as a result of rage and vindictiveness concerning an alleged affair. I have the certifying order of this case dismissing all charges. Human Resources felt I lied on the employment application when asked had I ever been arrested, convicted, etc. I have always answered no to this question because the case against me in 2000 was bogus and dismissed from court. I was found not guilty. This case was so bogus that I have never even thought about it being a case and have always answered accordingly on employment applications. I have also been a foster care parent and worked for a juvenile justice system as an educator and had more extensive background checks that showed no records found. I was placed on administrative leave and I am still on administrative leave and have attempted to find out my status on many occasions with no response from Human Resources, Labor Relations or the Union. This has devastated me emotionally, professionally, financially and socially. I have lost so much as a result of a botched up handling of a case that was dismissed 16 years ago. During the time I have been on administrative leave, I have completed professional development courses, enrolled in college courses, received certifications and tried to keep myself sane. Please advise.
Submitted: 3 months ago.
Category: Employment Law
Expert:  John replied 3 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job issues.

I'll need to ask you some preliminary questions before I can give you an answer to your question.

In what state are you located? Am I understanding correctly that a) you were arrested, for (was it a felony or misdemeanor - what was the charge?). Te case was voluntarily dismissed by the prosecutor? Lastly, what was the precise question on the job application, if you recall?

Customer: replied 3 months ago.
Maryland ... incident took place in Michigan, 2000
Arrested but not a misdemeanor or felony
Charge: sexual coercion
Yes found not guilty
Have you ever been arrested, charged leading to conviction of a felony or misdemeanor?
Expert:  John replied 3 months ago.

Are you under a contract or in a union?