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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33739
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I recently goy fired because the y said I was not honest on

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I recently goy fired because the y said I was not honest on my interview about not being convicted of a crime,which I wasn't, They did a background check and it shows I have an open case for assault.i didn't no that was on there. The case was dismissed and I was found not guilty in 2004 but they never took it off my rap sheet. I v upset cause they think im a lyer and I hurt people,,,i feel it was wrong ful termination and I want my job back... I ptroved to them its not on my record but now they say I lied to them,i didnt
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear that your employer decided to terminate your employment over what was a mistake on their part.
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Were you under any type of written contract for a fixed term?
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Is this a private employer or a governmental one?
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How long have you worked there?
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Thanks
Barrister
Customer: replied 3 years ago.


3 weeks .its for Wyndhan timeshare

Ok, I am very sorry, but I am afraid that I don't have good news for you. If you were not under any type of written employment contract for a set term, you would be considered an "at will" employee under HI laws.
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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. So even if they were wrong, they can still fire an "at will" employee.

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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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There is one option that you might explore and that is under an "implied contract" exception. Hawaii courts recognize an implied-in-fact contract exception to the at-will doctrine. Under this theory, an employee may argue that the employer, by its conduct, implicitly agreed to terminate only "for cause."
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So if you can prove that you answered the questions on the application truthfully and they were mistaken when they fired you, and that was the only reason for termination, you might be able to maintain a breach of contract action. The problem here is that it is unlikely that an attorney would take this type of case without a couple thousand dollar retainer up front so that may financially not be realistic.
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I am very 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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