Legal Question in Employment Law in California
My wife has been employed for two years with a company that has merged with another, she's a medical assistant. She has felonies from five yrs ago. The company obviously got her background check back and told her to write a letter sayiing how it was and how it is now. Our pastor also wrote a letter. This was in june of this year and her old company's partners have been fighting for her job. She is still currently working there and they told her two weeks ago she was going to be let go but still work the rest of the week. She has the option to quit or fired and she asked for a lay off. Denied. She is still working there but she doesn't know when they are going to come up to her and say time to go. Its not fair or professional is there anything we can do.
1 Answer from Attorneys
She needs to look for a new job.
Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. The new company simply chooses not to employ convicted felons, which is their right.
For the future of her employability, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced, and if it was not for certain listed Sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offense. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you may deny, in response to any question concerning your prior criminal record, that you were arrested for or convicted of the offense except that you must disclose the arrest and conviction in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency and employer then can decide, in their discretion, whether you are barred from licensing or employment because of the conviction.
If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
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