If I just got a new job offer but they never asked me about my criminal history but have 2 theft charges, can they fire me after they find this out?

Should I tell them about it?

Asked on August 20, 2015 under Employment Labor Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Can they fire you if they later find out about your criminal background? Yes, unless you have a written employmet contract and most of us do not limiting the reasons you can be fired, and this would not be one of the permitted reasons. Otherwise, without a contract, you would be an employee at will and could be fired at any time, for any reason whatsoever, including a criminal background.
Should you tell them? That we cannot anwer, since there is no way to know how they will react--will they respect you for being forthcoming? Do they are about the background? Will they instantly fire you because you have a history of theft? We don't know. 
You have to use your best judgment about what course of action you feel good about and also feel is in your best interest. All we can do is point out that 1 you could be fired over this and importantly, 2 if they do not ask about, you do not have to tell them and have the option of remaining silent.


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