Augusta, GA asked in Employment Law for Georgia

Q: Wal-mart is contradicting there policy.

The retail gaunt is forcing me to step down. I had a misdemeanor simple battery and its no longer on my record but yet they company wants me to step down. Is this legal? I have been there going on ten years and that's the only time I've been in trouble. That happen after yet of abuse from my kids father fighting me and then taking a warrant out on me in 2009.

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1 Lawyer Answer
Kirby G. Smith
Kirby G. Smith
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Employees being terminated due to prior criminal convictions are not protected under the EEOC's employment laws. Look for patterns in your Wal-Mart's decisions to fire employees. If the people being fired are almost all within a specific race, color, religious group, gender, national origin, age group, or disability, and/or others with criminal convictions are not being fired, then you should contact an employment attorney. Otherwise, you may want to discuss the issue with a criminal attorney who could inform you of any state-specific protections for those with criminal convictions.

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