Can you be fired from a Employer Even after you disclosed a felony conviction?

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Can you be fired from a Employer Even after you disclosed a felony conviction?

I was hired at Sonic Drive in even after i disclosed my felony charges. I worked
2 weeks before i was terminated ‘let go’ my felony background

Asked on May 29, 2019 under Employment Labor Law, New Mexico

Answers:

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

Answered 2 years ago | Contributor

In most states, yes you can be fired for having a criminal history record. This is true even if you disclosed this fact upon being hired. The fact si that most work relationships are what is called "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionale discrimination; none of which seem to be at play here). Accordingly, an employer can discharge a worker for any any reason or no reason at at all, at any time, with or without notice. Bottom line, unless you have a union agreement or employment contract which affords you protection under the circumstances, you have no claim here. That being said, laws on this subject are changing, so consult directly with an attorney in your area who can best advise to any changes in your state's law.

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

Answered 2 years ago | Contributor

In most states, yes you can be fired for having a criminal history record. This is true even if you disclosed this fact upon being hired. The fact si that most work relationships are what is called "at will". This means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionale discrimination; none of which seem to be at play here). Accordingly, an employer can discharge a worker for any any reason or no reason at at all, at any time, with or without notice. Bottom line, unless you have a union agreement or employment contract which affords you protection under the circumstances, you have no claim here. That being said, laws on this subject are changing, so consult directly with an attorney in your area who can best advise to any changes in your state's law. 


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