Can an employer legally terminate a new employee because their background check came back with 2 separate felony convictions for burglary and theft within the past 7 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer legally terminate a new employee because their background check came back with 2 separate felony convictions for burglary and theft within the past 7 years?

Asked on June 22, 2015 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

My research suggest that in CA, employers can ask an applicant has been convicted of a felony but cannot inquire about other arrests that did not result in a conviction. Additionally, the answer provided by the applicant cannot be the sole reason that they are denied a job (Title VII of the Equal Employment Opportunity Commission). If an applicant is hired and subsequently it is discovered that they lied on the application, the employer can discharge the employee as a result of the misrepresentation but not because of the felony conviction.

Since the law is constantly evolving, you should consult directly with a local employment law attorney who can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption