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ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16825
Experience:  Licensed Texas General Practice Attorney
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Hi my friend worked for a company in Nj for 7 years. He is

Customer Question

Hi my friend worked for a company in Nj for 7 years. He is a level 2 sex offender. A month ago, got a transfer to the IT department. They suddenly suspended him due to his charges. Now he was hired as a registered sex offender; so why is there a problem now? He was told an improper investigation was done & will be told what his outcome would be. I told him to call the dept of labor & he was informed due to his issue; he is not covered under the discrimination act. What can he do?
Submitted: 4 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 4 years ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : I'm sorry to her about your friend's situation. It's true that criminal status is not covered by discrimination laws. Furthermore, NJ is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). An employer can even fire for its own negligence (that it did not conduct a reasonable background investigation).
ScottyMacEsq : The only way that he could claim any rights would be if the employer had written employment policies that would protect him.
ScottyMacEsq : That is, if there was something in writing saying that he would only be terminated for cause (and assuming that he did not lie about his status or convictions on his application, etc...) then he could claim certain rights.
ScottyMacEsq : But assuming that there are no such rights (or any union rights, etc...) then the at will employment doctrine will apply and control in this situation.
ScottyMacEsq : I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!
ScottyMacEsq : I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. Thank you, and good luck to you!
ScottyMacEsq : Did you have any other questions before you rate this answer?