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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3154
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was convicted of a federal offense card fraud in 2008. I

Customer Question

I was convicted of a federal offense for credit card fraud in 2008. I served 46 months in prison and was released 9/2012. I began working as a server at Chili's Bar and Grill 05/2013. On the application I marked I was a convicted felon and put the date and type of offense. After I was hired, my probation officer sent a letter to my employer informing them I was on probation for credit card fraud. 10/2014 I had to suddenly quit for 9 months cause I had to go back to federal prison for a violation. Upon my release 7/2014, I reapplied to the same location and was rehired as a server. Once again, I marked I was a convicted felon on the application. Then this past week, management said they received a letter from my probation officer stating I'm on probation for credit card fraud and I was fired because of the risk it may impose. Do I have any recourse in this matter? I was employed by them for 24 months combined with no problems.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm an attorney in Mississippi.

Unfortunately, there's not much you an do about this because Mississippi is an at will state, and therefore, an employer can terminate an employee for any reason or for no reason at all so long as it is not based on discrimination regarding your age, race, sex or disability. So, if your employer considers your employment there is a risk based on your previous conviction, it can terminate you based on that.