Can I be fired for something that I told my employer about in my first interview?

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Can I be fired for something that I told my employer about in my first interview?

I was told by the company that I was hired after 2nd interview. I agreed and performed the drug screen and consented to a criminal backround check back on the 23rd of last month. I was told to go online and finish filling out my paperwork on the 8th of this month which I had completed. I was supposed to attend training class this Saturday. I received a phone call today by the manager stating that I could not be hired there because I failed the criminal backround check. I however did explain on my first interview that I had a mistimeanor on my backround and the manager said that, “That was fine as long as it wasnt anything major like drugs”. Is this legal to do?

Asked on November 12, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, it is legal. Employment in New Jersey is employment at will; not only does  this mean that employers freely decide to terminate employees at any time, for any reason, but also that employers are not obligated to hire prospective employees in the first place, and can refuse to do so at any time, even after extending an initial offer.


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