What to do if I was fired due to a juvenile record from when I was 15 but it was sealed and expunged yet the arrest still showed on the background check?

I was hired by a company with the passing of a background check. No charges were filed, no conviction, no sentencing was ever done. It was thrown out by the judge. Is it legal for them to fire me?

Asked on August 12, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is legal for them to fire you for this reason, if they somehow became aware of it, because unless you had a written employment contract which limited or restricted the reasons your employment could be terminated, you were an "employee at will." Unfortunately, an employee at will may--as the term implies--be fired at any time, for any reason whatsoever; i.e. at the "will" of the employer. Employees at will have essentially no protectible rights in or to their jobs, and may be terminated whenever and why-ever their employer wishes to terminate them.


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