Legal Question in Employment Law in Florida
Suspended due to background check
I was suspended without pay 2 weeks ago after my company did a background check. They found record of a conviction of exposure of sexual organs. This was incorrectly filed by the state. I had to show proof that this was not the charge. I went to my attorney, and we met with the state attorney and judge. The charge was changed to disorderly conduct and it was a plea of no contest...I was not convicted of anything. I brought the required paperwork to my employer. It has been 14 days since I was suspended and 8 days since I have shown evidence. I have heard nothing and they will not give me any information. How long can I be on suspension without pay and am I eligible for worker's compensation benefits? I have never had any job related issues and I have had satisfactory work performance ratings for the fifteen months I have been there. Also, I have no prior criminal record of any sort. Help!
2 Answers from Attorneys
Re: Suspended due to background check
If the company does not return you to work, you can claim constructive discharge and file for unemployment compensation. Of course, if they actually fire you, you can also file.
There are also some consumer credit laws that might entitle you to certain information that the employer gathered in the investigation. That might help (as might the fact that the employer has violated those laws, if they have).
If you want to review the matter, please call or a free consultation. Once I have some mor facts, I can give you an idea how to proceed and can certainly help deal with your employer if you feel the need to hire an attorney.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Suspended due to background check
You would be eligible for unemployment compensation, which I assume is what you meant when you mentioned workers' comp. However, outside of that, there is no cause of action that you have under Florida law because Florida is an at-will employment state, meaning that your employer can terminate your employment for any reason at any time--a good reason, a bad reason, or no reason at all. Wish I had better information to share with you . . . KMS
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