Demand Letter - Firing Existing Worker - Evaluating Person With Convictions

Sep 1, 2026

Demand letter requesting reinstatement of a client terminated for a decade-old criminal record despite prior successful employment. The letter alleges violations of Title VII by failing to properly link specific criminal conduct with job-related risk and by not providing an individualized assessment after reviewing conviction factors. It also alleges FCRA violations for adverse action without a pre-adverse action notice and without providing a meaningful opportunity to review and correct the background report, citing the required statutory process and EEOC guidance examples.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages3

Reading Time1 min

AccessFree to download

Demand Letter

Facts and Employment History

Title VII Violation and EEOC Guidance

FCRA Violation and Notice Requirements

DEMAND LETTER – FIRING EXISTING WORKER/EVALUATING PERSON WITH CONVICTIONS FCRA VIOLATION/LACK OF PRE-ADVERSE ACTION NOTICE DATE APPROPRIATE EMPLOYER REPRESENTATIVE EMPLOYER’S ADDRESS Re: CLIENT Dear EMPLOYER: CLIENT has sought my assistance regarding his recent termination by EMPLOYER. Despite working with EMPLOYER for six months without problem and previously for two years without problem, Mr. CLIENT was told that he could not work with EMPLOYER because of his decade old criminal record. I am writing to request that you reinstate Mr. CLIENT to his position immediately. Mr. CLIENT most recently worked for EMPLOYER as a maintenance technician from December 2011 through June 2012, at the WORKSITE. Previously, Mr. CLIENT worked with EMPLOYER in from 2003-2005 at PREVIOUS WORKSITE. During both of those time periods, Mr. CLIENT worked without any serious disciplinary problems. Indeed, that he was rehired in 2011 shows that EMPLOYER thought that he was a good employee during his first stint with EMPLOYER. His manager in 2012 recently complimented him by telling Mr. CLIENT that he was one of the best maintenance techs that he had ever seen. When Mr. CLIENT was hired in December 2011, a pre-employment background screening was prepared by SCREENER on behalf of EMPLOYER. Mr. CLIENT was hired at that point and completed his 90 day probationary period without incident. As a part of the onsite tech application process, EMPLOYER ran another background check on Mr. CLIENT. Shortly after this background check was conducted, Mr. CLIENT was called into a meeting with a regional manager and his manager. During this meeting, Mr. MANAGER told my client that he could no longer work at EMPLOYER because had a felony on his criminal record. Mr. MANAGER then gave Mr. CLIENT the SCREENER’s phone number and told him to call SCREENER if he wanted a copy of his background report. Mr. MANAGER did not give my client a copy of his background report nor did he tell my client that he could clear up any inaccuracies on the report. Mr. MANAGER did not give my client an opportunity to explain his criminal record in any way. Mr. CLIENT called SCREENER and received a copy of his criminal background report a week later. His report included offenses that had been expunged from his record. The only conviction on Mr. CLIENT’ record and the only conviction that Mr. CLIENT has is an open lewdness violation from 2001, a 3rd degree misdemeanor. Mr. CLIENT is no dangerous lifetime criminal—he good person who made a small mistake in 2001 and received a conviction for a minor crime. What more, Mr. CLIENT made this mistake prior to starting work with EMPLOYER in 2003. From 2003 through 2005, Mr. CLIENT worked without problem for EMPLOYER. When he filled out his application in 2011, he was honest about his criminal record. He was given work and was highly praised by his manager. EMPLOYER was rewarded with a hard worker who intended to stay with the company for many years. His excellent work experience and solid record with your company should belie any concerns that you may have about his prior conviction. TITLE VII VIOLATION In April 2012, the U.S. Equal Employment Opportunity Commission (EEOC) released a new guidance on employers’ consideration of arrest and conviction records under Title VII, the federal law prohibiting race discrimination. This guidance, which is applicable in this case, is available at: HYPERLINK "http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm" http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm . The EEOC guidance summarizes the law to require an employer “to link specific criminal conduct, and its dangers, with the risks inherent in the duties of a particular position.” Guidance at 14. It suggests that for employers to properly evaluate convictions, they should look at the following factors: The nature of the crime; The time elapsed; and The nature of the job. If the employer is inclined to reject an applicant after

FAQs

Why does the client request reinstatement?

The client seeks immediate reinstatement after being terminated for a decade-old criminal record despite prior problem-free work history and positive evaluations.

What Title VII issue does the letter claim?

The letter argues the employer failed to properly evaluate convictions by linking criminal conduct to job-related risks and neglected individualized assessment as described in EEOC guidance.

What FCRA process does the letter say the employer violated?

The letter alleges the employer took adverse action based on a background report without providing the employee a pre-adverse action notice, a meaningful opportunity to review, and time to correct errors before action.

Sep 1, 2026

Upload by Seraphina