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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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I was wanting to know if you would be able to help me? I was

Customer Question

I was wanting to know if you would be able to help me?
JA: Have you documented this or discussed it with HR?
Customer: I was employed with Bios Corp and they terminated me yesterday because i have a misdemeanor theft on my record that i provided papers with judgement before i was even hired last year. I was told yesterday that sometimes they make mistakes and don't catch everything but i could no longer work for them until it was expunged off my record. I feel that they never should of hired me or allowed me to work all this time when I was told in my interview that the deposition paper was fine.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. In this case, it appears as if it is not in good faith to terminate you after you have already been given the job and started performing. By going back after the fact after their own negligence and not catching this misdemeanor issue, and then terminating you, it is likely a breach of this implied covenant.

To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?