Possible termination or demotion
I am a manager for a nationwide privately owned video rental company. I was recently arrested for a crime that was allegedly commited over a year ago. Now i am being either demoted to a part time position which would cut my salary in half or i will be terminated. I have not had any write ups or any other disciplinary actions taken against me since i started with the company. What rights do i have to protect me from these actions?
1 answer | asked Oct 26, 2006 1:55 PM [EST] | applies to New York
Answers (1)
quick response
There are these two provisions in the New York State Human Rights Law. Unfortunately, I do not believe they protect you in the situation you are in:
15. It shall be an unlawful discriminatory practice for any person,
agency, bureau, corporation or association, including the state and any
political subdivision thereof, to deny any license or employment to any
individual by reason of his or her having been convicted of one or more
criminal offenses, or by reason of a finding of a lack of "good moral
character" which is based upon his or her having been convicted of one
or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law.
16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, however, that the provisions hereof shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the
criminal procedure law.
I don't have any brilliant ideas for you but perhaps the mere assertion of some pressure on the employer would help.
John Upton
johnware@aol.com
posted by John Upton | Oct 26, 2006 2:23 PM [EST]
There are these two provisions in the New York State Human Rights Law. Unfortunately, I do not believe they protect you in the situation you are in:
15. It shall be an unlawful discriminatory practice for any person,
agency, bureau, corporation or association, including the state and any
political subdivision thereof, to deny any license or employment to any
individual by reason of his or her having been convicted of one or more
criminal offenses, or by reason of a finding of a lack of "good moral
character" which is based upon his or her having been convicted of one
or more criminal offenses, when such denial is in violation of the provisions of article twenty-three-A of the correction law.
16. It shall be an unlawful discriminatory practice, unless specifically required or permitted by statute, for any person, agency, bureau, corporation or association, including the state and any political subdivision thereof, to make any inquiry about, whether in any form of application or otherwise, or to act upon adversely to the individual involved, any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termination of that criminal action or proceeding in favor of such individual, as defined in subdivision two of section 160.50 of the criminal procedure law, in connection with the licensing, employment or providing of credit or insurance to such individual; provided, however, that the provisions hereof shall not apply to the licensing activities of governmental bodies in relation to the regulation of guns, firearms and other deadly weapons or in relation to an application for employment as a police officer or peace officer as those terms are defined in subdivisions thirty-three and thirty-four of section 1.20 of the
criminal procedure law.
I don't have any brilliant ideas for you but perhaps the mere assertion of some pressure on the employer would help.
John Upton
johnware@aol.com
posted by John Upton | Oct 26, 2006 2:23 PM [EST]
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