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Sir J
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You can be fired in the United States as an "at will" employee for any legal reason. Having a criminal record is a legal reason. |
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TheGeneral
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Not, misdemeaners are nothing, felonies can ruin you in alot of ways. |
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rattwagon
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It very well could be illegal, but it depends on how you were employed. At companies I have worked at previously, they didn't hire me until I passed background/drug testing. In cases where they needed my employment right away, they hired me through a temp agency until those tests were complete. I would check the terms of employment, many offer letters state something to the effect of, "upon successful completion of drug/background check". Nonetheless, it sounds more like bad business practices to hire then fire someone such a short time afterwards. Posting ads in the classifieds, running background checks, interviewing/reviewing applicants, and filing paper work is a pain. There must have been something substantial that would have caused them to rescind employment after 2 weeks, even if it wasn't a felony. |
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Heidi 4
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Lying on an application is never legal and if you do you are subject to being fired. |
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nativeamerican1968
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It is legal and there is nothing you can do about it. Look at the company policies.....I'm sure they have enough legal jargon in there to cover their a**es. |
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Scorpius59
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Legal |
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michattorney
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It is probably fine in a for-cause and COMPLETELY fine for a at-will state. At-will states are those in which they can fire you for any or no reason. For-cause states say that you must have a valid cause for firing someone. This probably applies as cause anyhow (a background check that didn't pan out). |
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whatzerface
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Pefectly legal.
I'll bet this company also has on their application terms for termination, which include maintaining its right to terminate employment at its own descretion after a background check. |
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crzinluv
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that depends...are you doing the hiring or firing? i'm not sure if it is legal, but if you are the employer you need to check your application and be certain that it covers all of your questions thoroughly. if you are the employee you need to be sure you read the fine print and don't leave any blanks, if you are unsure of your employment status talk to your boss. |
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lily
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its the shaft, but it is acceptable hiring practices. if you sign a paper saying they can do the check, you are agreeing to their actions after they recieve the results. unless you sigh a contract with the company saying you are hired. most companies don't even offer a contract until they have done all their checks and stuff. but once the contract is signed they can't fire you unless you break the contract.
to just be hired, its an agreement that you can quit without notice or reason and they can fire you without notice and without reason. that's usually printed on the applicaitons.
hope you find work again soon,
lily |
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The Wraith of God is coming
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Depends on the State and or the job Federal Gov for instance has big time back ground checks generally the employeer is only aloud to ask about felony's. But if you driver they will check your driver history and if you stole you will not likely be handling cash in the future. If you drink you may not get a job at the liquor store each business or industry has its list of does and don'ts, plus there is the fact that they could fire you dress or any other reason. Mostly you are on your on with your employeer and he or is the one that decides to sign your pay check or not. |
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Foosball Champion
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legal. You can quit anytime for any reason and they can fire you at anytime for any reason. |
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The Nana of Nana's
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It is legal if the person didn't disclose those misdemeanors on his application if asked. There are also certain misdemeanors that prevent a person from working in a hospital or nursing home, but not sure what. If the person feels he/she was unjustly terminated, he/she should phone an attorney. |
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Carla G
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Legal |
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tah_london
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yes |
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Free & Sassy
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Sassy Says..
No.... If the crimes are related to jobs or theft or violence which basically covers most crimes... It depends, I would need more details, is it like a driving job? Cus if it is and you have a DUI they defiantly will not hire you. |
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Girl
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That depends on the state. It seems strange to me that they would hire someone before a background check came back. There must have been something on there that made the company nervous. Call your local employment office and ask. |
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Autumn Fairy
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the company has the right to terminate you on the grounds that you did not disclose your FULL arrest record, felony OR misdemeanor. they can see you as a liability to themselves, and their other employees.
and for a good reason...
lets say some one with a criminal past applies for a job, and even after they find out that he has a misdemeanor they keep him on. then lets say that this person starts stealing or harassing another employee. that employee or anyone that worked with him can sue the company for putting them "at risk" around a convicted person. its not fair to the ppl that made ONE mistake in life and are just looking for a job, but its there to protect the company as a whole. |
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Gabe R
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Within the first month, it's prefectly legal for a company to fire someone for any reason. Especially for a background check. No one wants a felon on thier staff, and if he's got a long rap sheet, he's a liability for any employer. |
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Bobesink
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definatly illegal |
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laxman19
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Unless the company is government-operated, they can hire or fire anyone for any reason. (Unless you are a union worker.) The company makes the rules about their business. |
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RUAQT?
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Discrimination. |
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sunflower1237
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is your state an "at will" employment state? If so they can fire you at any time for any reason. Background checks also take into account your credit history so if that is bad, it's a reason to terminate. |
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Captain Feathersword
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Yes.............READ up on what "At Will Employee" means.......... |
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ms. me
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Yes its leagal u do not suppose to lie on application period crime is a crime but depending on whats the charge is i guess especially if misdemenanor is DUI and the job he does require driving. maybe he got fired for some else and told u that
lol |
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♥bentworth78♥®
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Misdeamenors are not grounds to fire someone, Hell everyone's had a ticket, Thats a misdeameanor |
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classical123
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I suppose there are a few more questions. Did the individual lie in any way either in an interview or in person about criminal acts in general, or whether they had ever stolen or lied in general?
Another question is, is the individual in question positive they were fired for that reason, or were there others (such as poor references, etc)?
--j. |
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