Legal or Not?

Question

Is it illegal for a company to hire someone, then fire them 2 weeks later for the back ground check. Even if the application says nothing about misdemeanors, it only asks about felonies. He doesn't have any felonies but he has a few misdemeanors?? Legal or not?

Answer 1

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.

Answer 2

oopsie, I bet someone did a poopsie, huh?
lol...hmmm. You know, if I'm right then the fact that someone would do a background check AFTER hiring someone with a record shouldnt fire the new employee. That's not their fault...It's the idiot employer who did the routine backwards. If they answered honestly on the application then there shouldnt be a problem. I dunno but there should be something that says it's illegal to fire someone for screwing up on the employers part. Yuh not a smart move....if the application or employer asks nothing about misdemeanors then I don't think its an issue. However, if the person knew that question of whether theyve had a felony or not would come up, then i think that would have triggered the thought about the little misdemeanors they had. Hmm...legal or not? Not sure...

Answer 3

All US states but Montana are "employment at will" states. And Montana isn't all that much different. This means that someone can be fired for any reason or no reason, so long as: (1) it's not a violation of anti-discrimination law (i.e., firing for reason of sex, race, religion, national origin, age, etc.) and (2) there's no contract (or labor union agreement) provision to the contrary. There might also be a company policy, in a written policy document, that protects the employee. But it's particularly easy to fire someone during the trial or probation period, if there is any. The background check would seem equivalent to a trial period; but finding an (undeclared?) misdemeanor conviction is as good an excuse as any... Unfortunately.

Answer 4

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.

Answer 5

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.

Answer 6

That would depend on a couple of things. First, if you are in an "at will" state, the employer does not need a reason to fire you. You are working at their will. They can hire or fire you at any time for any or no reason.
The second would depend upon the type of job and the misdemeanors you were charged with. If you are hired in retail sales and your misdemeanors involve stealing from your employer sure you could be fired, or if your misdemeanors are for sexual offenses or involve children, and you are hired to work with children, you can also say bye-bye to your job.

Answer 7

Legal? Yes.
Ethically sound? Maybe-

Although others have pointed out that misdemeanors are common, it bears mentioning that there are MANY different misdemeanors. I dont know wha the job is/was, and i dont know what your friend did; if the crime is somehow, even remotely related to the job then what the employer did is fair game.

Example: John wants to work in a bar, but has on numerous occasions been arrested for public drunkeness, disorderly conduct, and disturbing the peace- what would you do?

Answer 8

It depends on the state. In Texas it is an "at will" state which means an employer can fire you without a reason. Most companies will look at backgrounds and if they see something that raises concerns then they will dismiss the employee. Some places do backgrounds and talk to the people about any issues. Each place is different.

Answer 9

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.

Answer 10

Of course it is legal. Employment is typically "at will" meaning you can leave or be fired at any time. The only illegal firings are for race, sex, age, etc that violate the anti-discrimination laws. I don't know what the misdemeanors in question are but maybe the employer felt they may lead to behavioral problems etc and it is 100% within their rights to protect their business.

Answer 11

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.