Let go for not admitting I had a juvenile record (which is sealed)

[CdwJava]

Thanks for the research Carl.

You're welcome.

I've encountered this question among former juvenile offenders here and I am all for allowing people a second chance when they have demonstrated their lives have changed. This offense occurred when he was under age 12 and he is in Grad School now, for Pete's sake!

I suspect that if they let him go for this, there was some other reason they REALLY wanted to let him go for ... but, if there was good cause to fire him, the employer shouldn't hide behind this claim of a lie.

 

[Ty0604]

Thanks for all of the replies. Just to clarify, I didn't lie as some of you have suggested. As someone else clarified for me (thanks!) I was legally allowed to answer "no."

I don't believe I was let go for any other reason besides this. I was well liked at my job and had just begun management training. The only people who didn't like me were the cashiers that had been there longer than I had and were making less than I was.

I can't say for sure that I wasn't fired for other reasons but if I was, don't they have to tell me? I guess that brings up another question.... What IF I was fired for other reasons and they didn't tell me? Is that legal?

 

[cbg]

The employer is under no legal obligation to give you the reason you are being termed, when you are termed. In any state.

In SOME states (I do not believe yours is one of them but my reference material is at home) upon WRITTEN REQUEST from the employee, the employer needs to provide a "service letter" which provides, among other things, the reason for termination. The employer is also obligated to give a reason to the unemployment office IF you apply and IF they are contesting benefits. But in no state is the employer required to say, "Joe/Sally, we are letting you go because...."

 

[commentator]

Another kettle of fish entirely, and yes, it is legal to fire you and not tell you the real reason. "At will" employment is the term, roughly an employer can fire you for about any reason, unless it is involved with EEOC issues, such as being a caucasian, a Catholic, you know, all the basics.. and there is no downside for them except that if they can not show they had a valid, misconduct reason to fire you, then you can file for and probably will be approved for unemployment insurance benefits, which will cause their unemployment rates to rise. In order to file for benefits, you would have to describe the circumstances under which you were told you were terminated, and then the employer would be contacted to describe the reason why you were terminated to show if it was misconduct or not. This may get you to the "real" reason, or it may not. They aren't ever required to tell you honestly and exactly what that reason was, in any case. You may remind him of a former brother in law that he didn't like. Or he may hate your after shave. Whatever, it's not important. File for unemployment benefits and move on.

 

[ESteele]

As indicated above, your employer probably does not have a legal obligation to spell out the reasons it terminated you. In this case, though, you were told the reason, i.e., your alleged false answer on your employment application.

As stated above, it would behoove you to find out whether Washington State provides statutory grounds for relief under these circumstances. You will likely have to consult with a knowledgeable local employment law attorney (who may have to undertake an hour or two of legal research to find the answer).

As an aside, you should immediately apply for unemployment insurance benefits. In addition to potentially receiving the benefits to tide you over until you obtain another job, your application will likely require the employer to state in writing that it discharged you for falsifying your employment application. You want to “pin down” this explanation. If you have a viable cause of action, you want to avoid the employer endeavoring to weasel out of liability by falsely claiming you were let go for a separate distinct reason.

 

[Zigner]

Can anyone confirm if adverse actions based on this sort of thing AFTER employment has commenced is restricted by law?

What I found related to pre-hire discrimination, but did not mention post-hire discrimination. It would appear to fall back on the at-will doctrine...

 

[Proseguru]

The employer is under no legal obligation to give you the reason you are being termed, when you are termed. In any state.
"

True, but if in court it is shown that he fired him after he read an article about his juvi offense and the offense is not grounds not to hire him and he does not have to include this information on an application then if the employer does not want to state a reason to argue against the clear link shown then he'll lose his case.

I see an issue with this employer's actions. We, as a society, have generally allowed juvi criminals to be "born again" when they are 18 in many cases. So is the OP's specific set of circumstances in the realm of a wrongful discharge? Maybe. Can the OP prove it? Likely not but maybe. Worth it to pursue (cost about 10-50K)? Likely not.

OP should ask the question: does "list all convictions" mean juvenile court as well? I ask questions about job applications all the time because I don't want to fill it out improperly and later get the old "he filled out his application falsely" and this be a defense to a good wrongful termination case (because that is a valid defense).

 

[Zigner]

True, but if in court it is shown that he fired him after he read an article about his juvi offense and the offense is not grounds not to hire him and he does not have to include this information on an application then if the employer does not want to state a reason to argue against the clear link shown then he'll lose his case.

There is nothing that prevents an employer from choosing to let someone go because that person committed a crime as a juvenile.

 

[cbg]

FYI, Proseguru, I am not saying that it is good, bad, or indifferent for an employer to fire someone without telling him the reason. I am not making a commentary on what it would do to the OP's case, or any other case.

I am answering the OP's question, which was, is it legal for an employer to fire an employee without telling him the reason why. The answer is yes, it is legal.

The OP did not ask whether it was smart. The OP did not ask which party this would favor. He asked if it was legal. So that's what I told him.

And btw, get a handle on your pronouns, pal.

 

[Ty0604]

True, but if in court it is shown that he fired him after he read an article about his juvi offense and the offense is not grounds not to hire him and he does not have to include this information on an application then if the employer does not want to state a reason to argue against the clear link shown then he'll lose his case.

I see an issue with this employer's actions. We, as a society, have generally allowed juvi criminals to be "born again" when they are 18 in many cases. So is the OP's specific set of circumstances in the realm of a wrongful discharge? Maybe. Can the OP prove it? Likely not but maybe. Worth it to pursue (cost about 10-50K)? Likely not.

OP should ask the question: does "list all convictions" mean juvenile court as well? I ask questions about job applications all the time because I don't want to fill it out improperly and later get the old "he filled out his application falsely" and this be a defense to a good wrongful termination case (because that is a valid defense).

The question on the application was as follows: "Have you ever faced criminal charges for a crime? (Do not include charges which were dismissed.)
If yes, please explain further."

That was all

 

[Proseguru]

The question on the application was as follows: "Have you ever faced criminal charges for a crime? (Do not include charges which were dismissed.)
If yes, please explain further."

That was all

I think that the question is too broad myself. That's just me. But like I said before, even if you had a case it would not be worth chasing it.