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Is it wrong for an Employer to fire you from a job if you disclosed you have a felony and have served time in the interview.

Phoenix, AZ |

I was hired at a company and worded for six day when I was pulled out of training and told that I was being asked to leave because of my background check. I was told that I would be on paid administrative leave until they notified me of my future with the company letting me know via mail or phone. (I have it in writing) But I have yet to get paid its been two weeks. What should I do Next?

Just to keep you up to speed I was interviewed for the position by the Manager of Operation and was offered a full time position. I was also invited to attend orientation the same day. I am a 34 year old African- American female. Is this discrimination? Because in there associate hand book they stated that they do not discriminate based on conviction records.

Attorney Answers 1


The first thing you should do is contact the Industrial Commission wage claim division. The statute says you should be paid within 7 days of termination or the next pay period, whichever comes first. Is it discrimination? Depends. What is in your background check? Arizona is an "at will" state which means you can be terminated for any reason at any time for the most part. Race is a protected class, but if the employer has a legitimate business reason for the dismissal (information in your background check), there is probably not a claim for wrongful termination.

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Okay, I was asked to leave on August 24, 2012. My first paycheck for the 44 hours I actually spent at the job was issued on August 31,2012. On Monday August 27, 2012 I was mailed a letter dated 8/24/2012. Stating I needed to contact the background check agency within 14 days to dispute any thing in my background that wasn't right. On 8/ 28 / 2012 I received the same letter over night'ed to me by FED EX with an additional paragraph stating that effective immediately I am being placed on Paid administrative leave until the company contacts me via phone or email letting me know the decision on my future employment with the company. Well yesterday 9-14-12 was the next scheduled payday for the company and I did not receive any pay. I called the corporate human resources office and after all day with no return call after about 5 attempts starting at 7:30 am, someone finally called me back and stated another individual in the company was looking into my pay and would call me back. Needless to say no one called me back and the funds where not deposited into my account as of yet. It has been over 7 days since they asked me to leave and now it is over the next pay periods time frame which is every two weeks. I actually don't even know if I am fired or not because they have not contacted me since the letter set saying I am on paid leave. I am so confused, I don't know what to do.

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