Legal Question in Employment Law in California

One year ago now almost two, I was fired from my teller job at a bank. They told me that my drawer was short once and over once, and that I was basically being accused of stealing 300 dollars. I remembered this incident and when things like this happen you are supposed to tell your manager and I did and let them count out your drawer and check your transactions for any mistakes and she did. I told them that I hadnt taken any money and the lady just looked at me like she didnt believe and asked me again. She told me it would be best if I just admitted to it and things would be easier that way. Being 19 years old and not knowing anything about anything thats exactly what i did. So I made something up about me being scared to report that i was three hundred dollars over and taking it so I wouldnt have to deal with it that day and being scared about what I had done so I brought it back. Again I didnt take a thing. Now its almost two years later and I cant seem to get a job. I know that the job market is down and everything but I think I should have found something by now. I had 2 interviews that went extremely well. One place actually said they wanted to hire me and pending my background check I would be hired. Later I was contacted by HR saying I wasnt eligible for employment with them. Another I never heard back from them but I recieved a copy of the background check and it had something on it with the amount of 300 dollars on it. Was this possibly my criminal record? When I was fired from my job they didnt mention anything about charges or records. Im pretty much trying to figure out how to move past this. And if there is anything on it if there is a way to get it sealed or expunged because of my age and how long its been. I did have one job after being fired, but I stopped working there due to maternity leave and havnt worked since. Any Advice?

Thanks in Advance

Brittney


Asked on 10/15/09, 3:04 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You say you 'admitted' to the charges, thus waiving any defenses and claims you may have had, and effectively preventing you from trying now to get them to 'change their records' from the misconduct that it apparently shows. Plus, you were an 'at will' employee that can be fired any time for any reason. Plus, you've waited too long to effectively raise any of these issues now. There is little likelihood of challenging your employment 'record' at this late date; you should have done so at the time. Your only hope would be to have your attorney contact the company to try to 'seal' your record so that they don't give out any info on you to inquiring prospective companies. If you're serious about trying that, contact me. BUT, nothing you or I can do will stop 'the old boy network' from whispering about you and secretly disclosing what's in your record. You'll never prove anything. You don't have a 'criminal' record unless you got arrested and convicted, and you would know that. Advice? Yes, move on with your life.

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Answered on 10/15/09, 1:53 pm


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