Can someone sue there old employer for being fired for having a felony when they did not ask before hiring?

A friend of mines was fired from a job after being hired on and working there a few weeks because they found out that he had a felony on his record. On the offer letter all it said was that his employment was contingues based on a drug test. No where and at no time did they ask him about a felony or did they say he could be let go because of a felony. He quit his previous job and is unable to go back there and it was a real inconvience. Does he have a case?
Additional Details
Also, there was not an alplication done. only a resume was handed in.

Stephen K

This is a gray area. They did not ask, he did not offer.

Contact the Department of Labor for guidance on this

swood1968

It depends on a lot of things. If your state is an "employment at will" state then your friend likely doesn't have any recourse. Simply, what that means is that your friend can be let go with or without cause; with or without notice. You might see if he had a contractual agreement with the employer. He might then have a breach of contract case. However, not many attorneys would be willing to accept a case from a convicted felon - depending on the felony he committed.

Mafiosa

He should be sure of what all he signed, as far as paperwork goes. Most places do an "at will" employment agreement. They can fire him if they so chose, especially for a criminal background. The only thing that is illegal is for the background screener to tell the employer not to hire a person.

mistermeow2004

the employer should of checked this out BEFORE they actually gave him the job, i would take it further...good kuck.

saulg21

Look in the phone book under US Government and look up the Dept. of Labor - Wage and Hour Division. Have tyour friend go there in person and ask to speak to an investigator and explain in full detail what happened. They will tell you what can or can't be done to help you. Good luck.

Mel

If they discovered he had a felony conviction, it is probably because they ran a background check, to which your friend would have had to give his consent.

If he works for an "at will" employer or in a "right to work" state, they can release him without a reason and without giving notice.

Even if he didn't complete an application form or sign a consent form, he probably received an employee handbook or had access to the company's employment policies online. If they have a policy prohibiting employment of convicted felons, they have grounds to terminate him.

Sorry - I wish more folks realized how tough it is to have that criminal record follow one around for years.

E2M69

And for alot of you reading this and other similar question answers don't overlook that that drug arrest you got for having a couple of herb smokes in your car. Is now a public record and yes it is cause to either not hire you and/or fire you if I the employer find it within your three month trial period.

johnnyblaze803

Sounds kind of odd. I would first make sure your friend gave you all of the facts. Every job application i ever filled out had a section of Crimes Convicted of, To include misdemeanours. With a seperate section for Felonys. I would say that the employer is in the right, in the fact that most employment terms are conditional within the first 90 days. Meaning termination with or without cause within the timeframe. Got to read the fine print is my advise to your friend. And not hide the Felony as most jobs do background checks now days. Put it on the app, so its not an issue.

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