cant returned to work
I worked for wal-mat.I got arrested fro reson not to do with work i turned myself in wal-mart will not let me go back to work without proof that im not gulty i have ti go thew trisl still can they do this even if it has nothing to do with work thank you
Gary R Walters
Answers (1)
Losing Your Job Because of an Arrest
There is a provision in NY State Law which limits discrimination on the basis of criminal conviction, but it addresses only those who have been convicted of a crime. In any case, there are so many holes in this provision that it is the very rare case when someone can successfully sue under it.
There is another provision in NY State law which says you cannot be discriminated against based on non-work related activities. But it applies only to leisure activities. A crime or an arrest cannot be said to be a liesure activity. This is another example of a law which is so narrowly read that it really grants only a very minimal degree of protection. I basically think it does nothing.
These are the only two laws that I can think of that might have protected you, but neither of which seems to apply to you. As a result, you fall into the employment at will doctrine. What the employment at will doctrine says is that you can be fired at any time for any reason, or no reason at all.
posted by David M. Lira | Sep 24, 2001 11:17 AM [EST]
There is a provision in NY State Law which limits discrimination on the basis of criminal conviction, but it addresses only those who have been convicted of a crime. In any case, there are so many holes in this provision that it is the very rare case when someone can successfully sue under it.
There is another provision in NY State law which says you cannot be discriminated against based on non-work related activities. But it applies only to leisure activities. A crime or an arrest cannot be said to be a liesure activity. This is another example of a law which is so narrowly read that it really grants only a very minimal degree of protection. I basically think it does nothing.
These are the only two laws that I can think of that might have protected you, but neither of which seems to apply to you. As a result, you fall into the employment at will doctrine. What the employment at will doctrine says is that you can be fired at any time for any reason, or no reason at all.
posted by David M. Lira | Sep 24, 2001 11:17 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers