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Can an employer make you get your court records?

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Courtmanno28

Junior Member
What is the name of your state (only U.S. law)? Massachusetts. Okay starting out I am posting this to see if my situation is legal or not. I got hired at a home improvement store as a lot attendant in nov, did the background check and drug test and got hired. I am a registered sex offender and served time. Let's just say no actual crime happened but I got charged because of my own stupidity. I don't remember the asst manager who hired me asking me about the time discrepancy between my last job in 2009 and now. In my original interview in Sept wirh another asst manager i told him about my offensive and he said it was no problem.

Well so I started working in Dec and a few weeks ago a moron came into my store and was telling everyone that I'm a SO. They kick him out. The next day I was working the asst manager called me into the office. I talked to someone from HQ and she asked me about my offensive and she asked me to write down what I told her and it was faxed to HQ. So I continue working for another week and then the store manager calls me into his office and tells me I am under investigation being put on admin leave and suspended until it is finished. He also says that they want me to get my court records so they can match them with my Cori. And if I get the paperwork I'll get paid but if I don't I won't get paid. He also tried to say I told HQ I kidnapped someone which is not true.

So I didn't get them the paperwork and they didn't call me after a week so I went to the store and talked to the manager. He told me they sent me a certified letter but I live in a shelter so I don't sign for it and didn't check the mail. So I didn't get anywhere with them. But during that time I had sent an email to HQ so they called me a few days ago and the lady told me that they could do another background check on me. But if HQ talks to the store I wonder why they didn't try that in the first place. She also told me that sometimes background checks don't have all the info esoecially if the offensive was in another state but I am in the same state my offense was in

There are other sex offenders that work there that have actual crimes and I know at least one that was asked to get his court papers but not suspended. So my feeling is that they are going to fire me anyways. Especially now that everyone knows. I've still been on the schedule but not paid for it. The lady at HQ said I was still active but I know next week is my last week on the schedule.

So can they make me go get my court papers and not pay for my time while suspended? Also can they use hearsay against me and react to it without proof? Thanks for your answers in advance!
 


CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? Massachusetts. Okay starting out I am posting this to see if my situation is legal or not. I got hired at a home improvement store as a lot attendant in nov, did the background check and drug test and got hired. I am a registered sex offender and served time. Let's just say no actual crime happened but I got charged because of my own stupidity.

You say this and then call someone else a moron?!
 

adjusterjack

Senior Member
So can they make me go get my court papers and not pay for my time while suspended? Also can they use hearsay against me and react to it without proof?

Yes to both questions.

You're employed at will.

When you were suspended without pay you should have filed for unemployment immediately to protect your benefits.

If you still aren't getting paid, do it now.
 

Mass_Shyster

Senior Member
My conviction was June 2010. My probation terminated in Sept 2013.

You're not outside the five year misdemeanor window, or the ten year felony window, so the employer can ask about those. They may be on thin ice under the CORI reform laws by asking you to get your own records. See http://www.masslegalhelp.org/cori/applying-for-jobs

If and when they fire you, you may want to consider seeking an employment attorney. I'm not sure there's any recourse, but that's not my area of practice.

Good luck, and stay out of trouble.
 

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