I was hired by a well-known insurance company in May. They paid to have me licensed throughout the US for Property and Casualty insurance. Part of the licensing process involved a uniform application that asked questions about previous convictions. The company has a department that specifically handled all new-hire licensing and as is procedure within this company -all questions regarding the application process were to be directed to this department.
I had a misdemeanor charge (for bouncing my own check), but this charge was expunged more than 10 years ago. The licensing department told me I did not have to disclose this.
Three months later I was fired for incorrectly answering this question and a letter was sent to every state that I was licensed in claiming that I had fraudulently a...claiming that I had fraudulently answered the question, that I had this charge on my record, and no mention was made of the fact that it was, in fact, expunged. I tried my best to do damage control, but 51 different agencies to deal with became an arduous task. One state has fined me $400 dollars, I'm afraid others will follow, but most states accepted my proof of expungement, and stated that the original charge (even if it had not been expunged) would not have prevented my ability to become licensed. This includes my home state of Rhode Island. I have been unable to find work in this capacity because of the mess that this has caused. Do I have any legal recourse?
I believe you do, though you'd want to get with a good injury attorney. Even if they can't help you Mandel's office can tell you who might.
A local employment law attorney's office should be your next stop. Find one you like either by searching or referral and meet with them soonest to explore resolving your present predicament and discuss possibly pursuing any remedies.
This observation is provided without warranty nor guarantee and for entertainment and informational purposes only. This answer is not legal advice. Not to be used as infant formula. No attorney client relationship is established as a result of these communications. The best legal advice you can get is to consult with an attorney licensed in your state or territory.
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