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If an employer finds out you have a criminal record can they sack you?
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If an employer finds out you have a criminal record can they sack you?

I'm still in my probation period at work in a bar and it is going well. They were looking for more recent references than I gave them but I was in prison and my last employer knew about that. If they find can they sack me? I wasn't asked about it at the time but am wondering if somebody said something. I was in for ABH after a drink related fight but have sorted that out.


    




eaglejhon99
Rating
yes


jojo5050
Rating
They can sack you for gross misconduct if they asked for details of criminal convictions on the application form and you didn't put them down.

They can't sack you (but they'll have a good go at trying to) if one of your ex employers said you went to prison, because strictly speaking that has no bearing on your job with your last employer. Your previous employer can only comment on your conduct in your job with them, ie; reliability, attendance, attitude.

ABH is nothing anyway, so you had a bit too much and had a fight, if they do cause a fuss, appeal.

good luck mate


fanella
Rating
if they asked and you ddnt disclose the info yes but i dont think so if it wasnt asked


lil southern girl
If you lied on your application, yes. If the application did not ask such questions, they can still fire for you for any reason they want in the probationary period. And if the probationary period is over and they want to sack you, they will start papering the file with ammunition of other kinds to fire you over.

If it comes up, just be honest. Lots of people have been in your shoes, and they may not care as long as it wasn't murder or embezzlement or something.


3 para
Rating
YES THEY CAN,IF THEY HAVE ASKED YOU AND YOU LIED YOUR OUT ON YOUR EAR.BUT IF THEY FOUND OUT ANOTHER WAY THEY MAY KEEP YOU ON DEPENDING ON THE OFFENCE AND YOUR JOB STATUS.


M J
If they asked you on your application if you have ever been convicted and you say no they can get your for lying on your app. besides that i dont think so.


Lisa S
Yes


realnj973
Rating
If they never asked and you never lied to them I don't see why they would "sack you". I guess it depends on the manager there and how it reacts to it. If you lied to them then yes I would say you are going to get "sacked", but in your case I don't see why they would. Most applications ask you that though, so I don't see how you weren't asked that!


kevina p
Rating
Hi, Yes they can. They will say you witheld information from them and wasn't honest on your application form. Glad you have sorted your life out, hope everything works out ok for you. Good Luck.


Neil e
Rating
Just tell them that you were in for arson and if they sack you youll burn down their house!

Good luck.


nite_angelica
Yes, if you give false information on your application they can fire you just for that. I live in TX though - they can fire you for anything here.

I hear more often of people getting fired for being untruthful though, when if they had just been honest, the crime itself would not have stopped them from getting the job in the first place.


Oli T
Rating
No, your employer CANNOT sack you if you have a criminal record if they have not asked for this information on the application form - see the Rehabilitation of Offenders act plus employment law.

However, it is an offence to lie about any information on an application - so you could lose your job if you say you were traveling or something like that, when you were in fact doing a birdie.

If it's a pub job so it's unlikely that they'll do a disclosure check on you anyway.

Up to you - honesty should be the best policy - but employers tend to err on the side of caution.

It sounds to me like you actually care about this job, so if you're truly rehabilitated, give yourself a fighting [oops] chance.


EZMZ
Rating
they can terminate your employment if you lied in anyway on your application----they may value you enough to keep you anyway-------don't sweat it. In the future always be honest-----I would not deny your employment due to this issue.


jeanimus
Rating
If you werent asked about convictions at the interview it would be unfair of them to sack you if they find out.


**sugarplum**
Rating
It is illegal for your previous employer to give a bad reference, all they can do is refuse or give a good reference. If your new employer has never asked you, you do not have to disclose it unless they ask. How long ago were you in prison anyway? Im not sure exactly but I think after 7 years you would not have to disclose it under the Rehabilitation of Offenders act, but i'm not 100%, as it depends on serious of crime and sentence.

If you are friendly with your prev employer why not have a word with them and tell them your concerns. Their job is only to state your performance in your prev job, they have no business to say what happened in your past.


MATTHEW B
they can if you lied about it on your application.....yes most corporations do have an area that asks you if you have ever been convicted


Dr. Luv
If you are an at will employee they can fire for any reason other than discriminiation.


tiredofit
Rating
Definitely.

The larger corporarions are digging up EVERYTHING in a prospective employees past. Credit reports, MVRs, interviews with neighbors about "mode of living", etc. No stone is unturned.

There are many reasons for doing this. Chief among them, however, is "knowledge is power". The more they know about you, the firmer a grasp they have on you. If you omit ANYTHING, they can use it to get rid of you at some point in the future, if needed.

This actually goes hand in hand with the discontinuance of performance evaluations at many companies. It is difficult to terminate a person who has a long history of sparklling evaluations, so they just quit keeping evaluations on file.

If a supervisor doesn't like you, for purely non-performance reasons, he/she can sack you for failing to disclose which of your elementary school teachers you had a crush on.

Corporations, like government, are trying [DESPERATELY] to destroy individual privacy, in their frenzied efforts to exert more and more control over the individual.





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