Discrimination because of a 20 year old felony

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Latest post 08-05-2006 5:44 PM by WhoamIWhoRU. 12 replies.
  • 08-04-2006 4:20 PM

    • bob541
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    • Joined on 08-04-2006
    • Posts 5

    Discrimination because of a 20 year old felony

    Hello, im bob, im 54 and was fired from pizza hut because of a 20 year old felony conviction. The terms of my being terminated as was indicated by my manager was because of non comliance (?) when in all actuality was due to the felony of 2nd degree murder and kidnap.

    Is there any discrimination? I do know there was fraud on the companies part as far as the termination information.

    Do i have any recourse.

    I know this situation does not fall within the 7 federally protected categories of the EEOC, never the less, this is not right.

    Thanks...bob
  • 08-04-2006 4:22 PM In reply to

    re: Discrimination because of a 20 year old felony

    If they stated they fired you for another reason you wil need some prety serious evidence to prove otherwise.

    Did you inform them of the conviction when you were hired? Did they ask about your criminal record?
  • 08-04-2006 4:24 PM In reply to

    re: Discrimination because of a 20 year old felony

    Unless MO has some law against it, it's not illegal discrimination (all kinds of discrimination are legal).

    Non-compliance? You mean insubordination? Or that the application asked about felonies but you failed to mention it?

    You're free to fight for unemployment benefits, but other than that ....
  • 08-04-2006 4:27 PM In reply to

    • bob541
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    re: Discrimination because of a 20 year old felony

    When i filled out the appication, the question was asked if i had been convicted of a felony in the past 7 years, this applicaiton was taken in 2005, the answer to the question is NO. I then had to talk with someone in HR to obtain an employee number. I was asked if i had ever been convicted of a felony, i responded yes, and was asked if it was within the last 5 years and the answer to that was no and i responded that it was 20 years ago. I was told by HRs that i was alright.

    When i was terminated, I was told by the area coach that my termination was due to the felony, however, on the termination notice he put non compliance.

    Yes i did inform my managers that i had a felony, especially after they asked me to become a manager.
  • 08-04-2006 4:30 PM In reply to

    • bob541
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    re: Discrimination because of a 20 year old felony

    no the applicaiton asked if the felony was within the last seven years. The application was taken in 2005. The area manager who was the one who informed meof my termination, said he was going to put on the termination form non complinace (?), the actual reason was due to my conviciton
  • 08-04-2006 4:40 PM In reply to

    re: Discrimination because of a 20 year old felony

    Well, you can certainly check with your state dept of labor to see if there's any prohibition.
  • 08-04-2006 5:01 PM In reply to

    re: Discrimination because of a 20 year old felony

    The recourse is only to file unemployment benefits. Again, unless MO law says so (and I doubt it does), there's no law against discriminating against you because of a felony (esp. one of that magnitude).

    I don't know what you mean by "non complinace", but the problem would be proving that they aren't telling the truth. Employers unnecessarily fudge reasons for termination all the time; why, I don't know.

  • 08-05-2006 2:19 AM In reply to

    • bob541
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    • Posts 5

    re: Discrimination because of a 20 year old felony

    Unemployment is another issue associated with this. When i applied for unemployment and field with the EEOC, unemployment told me that the HUT had said i quit.

    I know what you mean about the (non compliance) when i talked with the area leader, (dude above the store manager) he said he was going to put on the termination form "non compliance", but the real reason was due to the felony.

    I was given a note by one of the managers on the day I was terminated, saying basically that what the HUT was doing was illegal. This was the lady that hired me.

    I was hired in as a delivery driver. After about 3 months I was asked by the Store manager and one of the shift managers if I would be interested in becomming a shift manager. My mistake...I said yes.

    Also on the application I filled out, which I have a copy of ((made prior to returning it to the store), the things you learn while being incarcerated.)
    had the question about being convicted of a felony within the last 7 years. My offense was 20 years ago. I also talked with a woman at corporate hr and was asked if i was convicted of a feeony? I said yes, and she asked me if it was within the last 5 years, I said no. She said I was OK.

    I dont know, Im probably persuing a potential 'individual' injustice that has no resolution.

  • 08-05-2006 2:20 AM In reply to

    • bob541
    • Not Ranked
    • Joined on 08-04-2006
    • Posts 5

    re: Discrimination because of a 20 year old felony

    Unemployment is another issue associated with this. When i applied for unemployment and field with the EEOC, unemployment told me that the HUT had said i quit.

    I know what you mean about the (non compliance) when i talked with the area leader, (dude above the store manager) he said he was going to put on the termination form "non compliance", but the real reason was due to the felony.

    I was given a note by one of the managers on the day I was terminated, saying basically that what the HUT was doing was illegal. This was the lady that hired me.

    I was hired in as a delivery driver. After about 3 months I was asked by the Store manager and one of the shift managers if I would be interested in becomming a shift manager. My mistake...I said yes.

    Also on the application I filled out, which I have a copy of ((made prior to returning it to the store), the things you learn while being incarcerated.)
    had the question about being convicted of a felony within the last 7 years. My offense was 20 years ago. I also talked with a woman at corporate hr and was asked if i was convicted of a feeony? I said yes, and she asked me if it was within the last 5 years, I said no. She said I was OK.

    I dont know, Im probably persuing a potential 'individual' injustice that has no resolution
  • 08-05-2006 11:38 AM In reply to

    re: Discrimination because of a 20 year old felony

    "I was given a note by one of the managers on the day I was terminated, saying basically that what the HUT was doing was illegal. This was the lady that hired me."

    If you have been denied unemployment benefits you can file an appeal. Submitting a copy of that note would probably help you win the appeal.

    Beyond that, you can be fired for any reason or no reason at all as long as it's not discrimination against a protected class.

    I doubt if you have anywhere to go with that.
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  • 08-05-2006 12:06 PM In reply to

    • cbg
      Consumer
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    • Joined on 12-21-2000
    • MA
    • Posts 6,814

    re: Discrimination because of a 20 year old felony

    Whether or not you receive unemployment benefits has nothing whatsoever to do with whether you were fired legally or not. The vast majority of people collecting unemployment were legally fired.
  • 08-05-2006 4:32 PM In reply to

    Feedback [*=*] Just because they only ask about felonies . . .

    from 7 years ago, it does NOT prohibit them from terminating you when they find out about a VERY serious felony from 20 years ago. Their prior "approval" doesn't convey any contractual rights of employment.

    Contact your state dept of labor, but don't expect a whole bunch. You have a VERY serious felony in your past and almost nothing requires people to ignore it.
  • 08-05-2006 5:44 PM In reply to

    re: Just because they only ask about felonies . . .

    As a consumer, I would have a serious problem with Pizza Hut sending someone to MY house with a kidnapping and second degree murder conviction as I'm sure most people would.
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