Legal Question in Employment Law in Texas

Re: Personal injury as a result of a felon being employed

I am sorry to hear about your loss. i assume you have filed a claim with your insurance company? If your car was burned to the ground how do you know your Christain CD's were scattered around the vehicle? Did the police theorize in the alternative that maybe someone stiole your car and would have taken your CD's if they had liked them? It seems to me that car thiefs and people who listen to Christian music are mutually exclusive thus a car thief would not want Christian music. What kind of facility is it? Are convicted felons automatically terminated if the employer discovers they are felons? Same thing on drug use-are the drug users fired the first time they are caught? Or do the felons or dru users get a second chance?

The point I am making is that if the employer's rules call for immediate termination then you need to make sure every employee knows it is not your rules but the employer's rules. That way the future felons and drug users will not take it out on you since you were just follwoing orders.

Perhaps you can point out to the employer that Jesus would have no trouble employing drug users and thiefs and probably would prefer them to some of the "good" people. Therefore maybe you can convince the employer to be more lenient if the circumstances allow for leniency.

Why did you have to run a background check on someone who had worked there for 10 months-presumably without incident? Most fo the time employers run background checks before they hire someone not 10 months into the job. If the employer forced you to do such a thing you need to make sure the employees know that the employer requires the executive director to run a background check at anytime.

Absent an arest and conviciton of one of the three ex-employees for stealing and torching oyur car, I do not believe there is any theory to force your employer to pay for your personal losses. I would discuss with the police if there is a legitimate basis to fear for your safety. If there is then I would tell the employer and see what, if anything the employer can do. Since the bad guys stole your car right out of your driveway they could have harmed you if they wanted to do so. Thus you may not be at risk-but that is up to the police to decide.

Since you do not have any proof one or more of the ex-employees did this act I would not publicly say that they did. If someone falsely accuses a person of a felony and the person is harmed by it then the person can sue you for defamation. I am not a criminal lawyer so the mere fact someone failed a drug test does not make them a felon. Thus your employer only hired one felon not three and saying the two drug users are felons or committed car theft and arson (felonies) could open you up to a lawsuit.