Applying for Jobs with a Criminal Record: Know Your Rights
What Can You Do If You Were Fired At-Will?
Michelle Garrett
In this day and age, it's harder to find a job, so if you have been fired from your job, it can be very difficult to find a new one. What makes the situation worse is if you were fired for seemingly no reason, or what is called "at-will." At-will is when you are working with no defined contract or written out duties and expectations regarding your employment with the company.
At-will means they can fire you for any reason at any time. This doesn't mean you don't have legal options open to you if the company violated state laws in your firing. Contact an employment lawyer right away to go over those options. Here are some ways a company may have violated your rights in firing you at-will.
You Refused To Do Anything Illegal
It might seem strange but sometimes companies ask their employees to do something that is technically illegal. For example, falsifying documentation to get a shipment cleared through customs or so a buyer will buy the company's products even if there are problems with the product prior to shipping. You may have seen other employees disregard safety measures and you might decide to report them to the appropriate authorities, but your company doesn't want you to.
If you refuse to go along with requests from your employer that you know are illegal and wrong, and are fired for it, you have a case against them. Document everything you can and obtain written proof if possible to show your employment lawyer. You can potentially be compensated for your firing.
You Took Time Off For Jury Duty
You might have received a call to take part in jury duty and your company decided to fire you for it. Companies are not allowed to suspend or fire any employee for taking part in jury duty or any other public service duty they are called to do. A company must provide time off for their employee so they can do their civic duty without fear of losing their job.
If you had to take time off your job to perform jury duty or some other public service duty and were fired for it, let your employment lawyer know, they can sue for wrongful termination and get you compensation.
Filing Worker's Compensation Claim
It's possible you might have been injured at work and need to take an extended period off to heal. This doesn't mean you won't go back to your job once you are better, but your company may fire you anyway.
There are laws protecting workers against this type of problem. If you were fired for filing a worker's compensation claim so you can heal from a workplace injury, then contact an employment lawyer to see what legal options you have open to you.
For more information, reach out to a law firm like Marko Law Firm.
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I'll be up front: I have a criminal record. As someone who's spent lots--and lots--of time looking for a job in my life, I've gotten used to being up front with this fact. It's difficult to get hired with this on my record, and frankly, it never gets less scary to have to tell an interviewer about it. But that doesn't mean I'm unemployable. I'm a hard worker who can bring a lot to any company. And I also know what an employer needs to do for me. I know my rights. There's no federal law protecting me from discrimination due to my record, but there are plenty of state laws that make it a little easier for me. If you're looking for a job and you have a criminal record, read through this information. Protect yourself during a job search. Know your rights.