Is there a case if one admitted to a sex offender felony on a application and passed the background check, was hired, worked for

Asked 8 months ago - Dallas, TX

Worked for about a month, then received a call from HR who put them on suspension then stated the nature of the felony permits him to work there. In addition, worked 7hr shifts with no lunch and one 15min. Break?

Thanks

Attorney answers (2)

  1. Adam Kielich

    Contributor Level 18

    1

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    Answered . No legal issue with the break. Texas law does not require employers to offer breaks or lunches.

    Are you so sure you passed the background check? Some employers do not perform the background check before hiring. They will first hire the candidate and then perform the background check. Sometimes it takes a few weeks to verify the criminal background before they can make an employment decision on it. They can't just run one of the online background checks and rely on that information. They must verify the felony conviction. If you are registered as a sex offender then it's highly unlikely your employer did not find that on a background check.

    If you admitted to the conviction then I'm not sure you would even have a remedy against the employer even if the employer did not verify the conviction through a background check. If you are interested in pursuing this issue, contact a local employment lawyer.

  2. Deepali Meenu Walters

    Contributor Level 16

    Answered . Unless you're asking if you can be charged with a crime, this isn't a criminal defense question. I'm changing the tag for you.

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