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Fired for a PRIOR criminal record

by Jennifer
(NC)

I worked for a company for 14+ months, and received a pay raise 2 months prior to being fired because of "my past". I filed unemployment and was denied. The letter stated it was "Misconduct connected to the work." I immediately filed an appeal and am awaiting a hearing.My record occurred prior to this job, I was never asked if I had a criminal record, and never filled out a job application with the company.


I personally believe I was fired instead of being laid off as 1. A new, very expensive computer system went live 3 days before I was fired, effectively eliminating my position and 2. My prior position has not been filled and it's been more than 3 mo since I was fired. Am I eligible for unemployment benefits?




Hi,

Have you had that hearing yet?

I do believe points 1, 2, the pay raise and the length of employment are irrelevant to the cause of termination .. which is what you rebut sith your testimony any evidence and effective cross examination of the employer witness.

However, a criminal record in and of itself is not work related misconduct, not unless you willfully refuse to disclose it when asked on an application, which usually indicates your signature will also be required freeing the employer to run those background checks, or an employer changes their written policies mid-stream and you still try to cover up a record.

That you never filled out an application to lie about a criminal record, nor stated anything at time of hire because you weren't asked .. sounds like a weak case for the employer to prove you willfully committed work misconduct by violating a known written policy which if what you say is so .. probably doesn't exist either.

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