Monday, July 18, 2011

Wrongful Termination (California)?

I was working for a bank for approximately a year and a half. I transferred to a new location and had problems adjusting, so I went to see my doctor and they recommended a leave of absence due to stress. While going through counseling my doctor suggested I see if I was able to return to m previous location. When I returned to work I spoke with HR and my manager and they both agreed I would be able to return if my previous manager was okay with it. I interviewed with the previous manager and she said yes. HR contacted me and said there we new bank regulations (S.A.F.E. Act) and I would have to do another background check and I agreed. About two weeks passed. I went to work Monday morning and my Manager called me into the office. She said my background check came back and she had bad news for me. I received a misdemeanor in 2004 for possession of a fake i.d. (i was using to buy, beer, go to clubs etc) when I was 20. She said that they would be terminating because of the charge. I explained to her that I had been honest about the criminal record when I applied for the job and that is was seven years old. I did some research on the S.A.F.E. Act and it states: If the applicant has ever been convicted of a felony involving an act of fraud, dishonesty, breach of trust, or money laundering, or convicted of any felony in the seven year period before filing an application for an endorsement. I have never been convicted of a felony and that is the only criminal charge I have on my record. People told me to be careful when I return to work, that my employer would find any reason to terminate me because of the LOA. I think I was wrongfully terminated. I was thinking about getting a lawyer. Any thoughts or similar situations? Thanks!

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