I was hired and worked 3 to 4 weeks after my background check came back then got fired

UPDATED: Oct 1, 2022

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I was hired and worked 3 to 4 weeks after my background check came back then got fired

I’m 35 weeks pregnant I was
working in a retirement home
they let me work 3 to 4 weeks
before telling me they got my
background check and I had a
charge that wouldn’t allow me
to work there is any of this
illegal can I get pain and
suffering from this would it
even be worth the fight??

Asked on February 13, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) It is legal to fire someone due to a background check several weeks--or even months or years--later. There is no protection against being fired due to a criminal history/background.
2) If you were visibly pregnant when hired or had then told them you were pregnant, you would not likely win a pregnancy-based discrimination suit. (This would be a sex-based discrimination suit: since only women get pregnant, firing a pregnant woman is taken to be anti-women discrimination.) If they knew you were pregnant before hiring you, it's not very credible that they'd weeks later fire you for that reason, especially when there is a plausible other reason (criminal background) for the termination.
3) Even if you had a viable case, while you can win an amount equal to some weeks or months of salary/wage, there is no "pain and suffering" award available in cases like this.

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.

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