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Category: California Employment Law
Satisfied Customers: 1285
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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in 2008 I plead no contest to a traffic violation on the recommendation

Customer Question

in 2008 I plead no contest to a traffic violation on the recommendation of my attorney, he said it would go against my driving recorded I was further told by him that it would not be a felony so I took the deal. I have had 2 jobs since then and both times I have marked the box on the application " have you ever been convicted of a felony " with a "NO". The background checks came back good on both jobs. (The second job was with Jo-Ann Fabrics) and I was hired. My manager approached me about a job posting that she would like to see me apply for. I interviewed for the position after filling out paperwork. Once again I checked "NO". They offered me the new position with in the company and had to run another background check with the same outside agency. 2 months later, it finally came back and to my surprise it showed I had a felony on my record. I was informed that i could dispute the info but had to go through the third party agency in Georgia instead of the Human Resources representative from JoAnn who was handling the case. When I contacted the agency, I got the runaround and was not given the appropriate time to dispute the report. I was basically fired the next day after 2 hr on the floor they had me go on break and fired me. Now they are denying my unemployment claim saying I was misleading and malicious, and I lied to them . This company is well known for disputing unemployment claims. I find it odd that they thought I was doing so well that they offered me a promotion within 6 months of joining the company and now they don't want to employ me AND deny my unemployment insurance as well.. can they do this
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Can you please tell me what you were convicted of? I find it incredibly hard to believe that something characterized as a 'traffic offense' would be a felony. Was it a 3rd or 4th DUI and/or was injury involved? Were you in jail for a certain amount of time and/or on probation currently?

Have you contacted the attorney who represented you yet?