What to do if I was terminated from my job after failing a background check but if I’d initially been told that I would have to successfully pass the screening, I never would have quit my other job?

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What to do if I was terminated from my job after failing a background check but if I’d initially been told that I would have to successfully pass the screening, I never would have quit my other job?

I had a theft charge that was in deferred adjudication. I had started working for the new company 3 months ago, then 3 weeks later they asked me about doing the background check. I was told by my employer not to worry about what should come up, they just wanted it for their files. I was also never told that my employment was contingent on passing the background check. Now I am curious if my firing was legal? Should there had been something in writing stating my dismissal?

Asked on October 15, 2015 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, unfortunately, this was legal if you did not have a written employment contract which in some way prevented or barred this. Otherwise, without a contract, you were an "employee at will" and there are no guarantees of employment for an "employee at will" you may be terminated at any time, for any reason, including a background check, without prior warning or notice, and there is also no requirement that you get anything in writing.


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