If I was hired by a company last week but later fired due to a misdemeanor charge, do I have any rights?
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If I was hired by a company last week but later fired due to a misdemeanor charge, do I have any rights?
I actually started and worked 2 days. However, on day 3, I got a call and they said I had failed my background check and I was not to return to work. The charges were a misdemeanor that I have not went to court yet. It was a possession paraphernalia charge. Which I am sure will be withdrawn from court. I have never been in trouble my whole life. However, I feel I was mistreated. I blew off other interviews and lost some great opportunities over this.
Asked on October 27, 2015 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Maybe this is unfair, but it's not illegal: if you did not have a written employment contract, you were an employee at will and, as the term implies, an employee at will may be terminated at any time, for any reason--including a failed background check--and has essentially no rights to his or her job.
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