I was working at a janitorial job and had disclosed my criminal record first and foremost to him but then three months later was fired in part of my criminal record and now the other employees also know can I sue for defamation of character or slander??
2007-07-03 10:35:00 · 7 answers · asked by christopher k 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Employment is at will unless you are in a union. Your criminal record is public knowledge so no you cannot file suit for defamation of character or slander. If it's true, you can't sue
2007-07-03 10:40:24 · answer #1 · answered by Pengy 7 · 1⤊ 0⤋
You can sue for anything and in this case - it's usually a case for lost wages, stress, etc... Although a felony conviction is generally enough to keep someone from being hired, it's not a protected class either (in other words, it's perfectly legal to discriminate based on having a criminal background). Most states are also employment at will and people can be fired for anything, as long as it's not discrimination for race, gender, ethnicity, religion, disability, etc... However, in many states - this information is also a matter of public record. The employer is still supposed to get the person's consent & authorization to actually run a background check... if no application was completed and no other papework filled out - the questions that come to mind are this: 1) Are you 100% sure this is the reason he was fired and he isn't just assuming that's the reason? 2) How did they find out he had a felony? - Is it available via public records? - Did they run an actual criminal history background check? 3) What is the nature of the felony, the nature of his position, and the industry? (don't answer this publicly, but for you to think about) If his information was available via public records and the nature of the felony was severe enough to create a liability for the employer - then he probably won't have a case. In other words, if his felony were for financial crimes (i.e. embezzelment, theft, etc) and he's in a position in which he has responsibility for large amounts of money, access to money or to client accounts & records, or even say the manager of a warehouse with a large inventory - the financial risk to the business (and possibly their customers) is significant and would warrant letting someone go. Another example is liability for negligent hiring... if his felony is extremely violent or sexual in nature - and he's in a position in which he interacts with a lot of customers (and co-workers) or is in outside sales with accounts that are near schools, playgrounds, etc... the risk to the company for negligent hiring is if he were to hurt or sexually assault someone would be a lot higher than the risk they take of him suing them for firing him after the fact. Unfortunately, I've been in that situation in which I had to let my warehouse manager go when we were made aware of pending charges against him with another major employer for theft of company property (thousands of dollars worth of computer equipment). He hadn't even been convicted - but it was an open, active case and the risk was too great, because we were an electronics distribution center and he was IN CHARGE of the entire warehouse, which was essentially a multi-million dollar vault! In our state, these documents are public record if you know where to look... we got our attorney's involved before we made any decisions... and it was hard to do because we really liked the guy and he did a great job... but no, we didn't get his consent to run a background check AFTER the fact, but we were still within our rights to investigate once something was brought to our attention and the information was publicly accessible.
2016-05-17 10:45:30 · answer #2 · answered by ? 3 · 0⤊ 0⤋
They did not defame your character or slander you as the information is truthful. Slander or defamation of your character would be if they said false information about you to cause you not to be able to get a job or promotion. Did you disclose this information on a job application? If you did not, or if on any of your employment paperwork you did not disclose this and the information came up during your background check then they can withdraw the offer of employment and terminate you. If you did put it down on the application form and were truthful then I would speak to H.R. and find out why the termination happened. When speaking to H.R. I would also mention that you are aware that the manager is discussing your personal background with other employees, in breech of your right to privacy, and you would like it stopped.
2007-07-03 11:34:55 · answer #3 · answered by hr4me 7 · 0⤊ 0⤋
There is usually a probationary period that is 3 months when a new employee is hired. After that time, the employer has the right to end the contract or to continue to employ the person. You don't have a leg to stand on.
2007-07-03 14:32:01 · answer #4 · answered by judirose2001 5 · 0⤊ 0⤋
no. it isn't defamation because it is true.
also most employment is at will so you don't have a cause of action.
2007-07-03 19:49:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Ask the fair housing and employment office.
2007-07-03 10:40:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Talk to HR. Your criminal record is not private however.
2007-07-03 12:23:11 · answer #7 · answered by Greg P 5 · 1⤊ 0⤋