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.

Related Topics:
1 Lawyer Answer
Kirby G. Smith
Kirby G. Smith
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.