Can the federal government or my employer fire me for a misdemeanor plea?

UPDATED: Mar 4, 2012

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Can the federal government or my employer fire me for a misdemeanor plea?

I now got hired as an independent contractor for a government contractor. They intend to do a background check. So I am not salaried; I am hourly with no benefits or vacations. The employer seems to like me so far. Would it be his decisionor up to the OPM? The misdemeanor was in reference to a “hate mail” sent to a mosque. No drugs, no physical violence, no dishonesty or fraud or theft, etc., just a nasty email. All fines and other issues related to the case are resolved.

Asked on March 4, 2012 under Employment Labor Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country, unless there is a written agreement to the contrary, all employment is at will of the employer. Meaning, your employer can terminate you due to your misdemeanor plea and conviction if it chooses to do so.

What the employer cannot do is terminate you based upon a discriminatory reason such as gender, race, ethnicity or religious beliefs.

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 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.

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