Can I get my job back if I had a juvenile record?
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Can I get my job back if I had a juvenile record?
I have a juvenile record but I turn 19 in December. I was let go today after 3 days of work because I did not disclose my record. My job is working at an after school program for the school district. I was let go because I didn’t admit that I’ve been arrested or been convicted for a felony but when I asked my case manager if i have to disclose my juvenile record he told me you have never been arrested technically because a juvenile gets apprehended not arrested and also told me I’ve never been convicted for a felony, I’ve been withheld adjudication. I was told I lost my job for saying I’ve never been arrested not because of my charges, however technically I’ve never been arrested I’ve been apprehended. Is it true what my case manager said about my juvenile record and is there something that I can do to get my job back?
Asked on September 16, 2019 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unless you had a written employment contract, including a union or collective bargaining agreement covering your job, which was violated by this, which agreement was violated by the termination, you cannot get your job back. In the absence of a written contract, you are an employee at will; an employee at will may--as the term itself implies--be terminated at the will of the employer, or whenever they want, for any reason, including that they disapprove of your failure to disclose your record. An employee at will has no right to or guaranty of a job.
If you had a written agreement which has been violated, you could sue the employer for "breach of contract" to enforce your rights under it.
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