I was hired and then fired 3 days later for 17 year old felony conviction in Ca.

Background check produced conviction from 17 years ago.. Legal?

Asked on September 29, 2017 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Absent some form of legally actionable discrimination (and having a criminal record does not qualify), then an employer can set the conditions of the workplace much as it sees fit. This includes terminating someone due to their criminal history. Therefore, without an employment contract or unoin agreement, you were an "at will" worker. This means that you could have been fired for any reason or no reason at all, with or without notice.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you had a written employment contract which prevented your termination for this reason, it was legal. Without an employment contract, you were an "employee at will": an employee at will has no rights in or two a job and may be terminated at any time, for any reason whatsoever, including a 17-year conviction.

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