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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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