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Discrimination Based on a Prior Criminal Conviction

Law Office of Yuriy Moshes, P.C. represented a client who was convicted of distributing a controlled substance in New Jersey. Our client was sentenced to 2 years probation and mandatory drug counseling, which he successfully completed. Since this one and only criminal conviction, our client had been a successful and productive member of society. In fact, for over 10 years, he was successfully employed by numerous companies. In 2014, he was offered a position of Business Development Member by the Defendant employer, which our client immediately accepted.   The employer then provided him with a letter setting forth the terms of his employment.criminal record termination lawyer

A few days after he began working for the company, our client was informed that a section of the job application regarding criminal convictions had been inadvertently cut off and requested that he complete this section as soon as possible. Our client immediately disclosed that he had been convicted of a felony over 10 years ago.  However, since he was not sure of the exact section of New Jersey’s penal law under which he was convicted and did not want to put anything that was not entirely correct, he asked if he could get his paperwork from home and return the completed application the following day and the employer agreed.

The following day, before our client was able to hand in his completed application, he was terminated.  His supervisor stated, “We are going to have to let you go.  We just can’t have you work for the company with a felony.  A conviction from over 10 years ago improperly convinced the employer that our client was unfit to perform his job.

Law Office of Yuriy Moshes, P.C. filed suit on behalf of our client and after engaging in a Court-ordered mediation, the parties successfully settled the case for a significant amount. If you feel you have been wrongfully terminated or turned down for employment as a result of a prior conviction, please contact Law Office of Yuriy Moshes, P.C. to get an employment lawyer free consultation.

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