Termination of Employment dd

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Termination of Employment dd

Husband is a pharmacist and has worked at company A for 6 years. He’s a felon
and company A was aware of this at the time they hired him. He disclosed it on
his employment application. Company B bought Company A 2 years ago. Over the
summer they did background checks on employees. 8 weeks ago they questioned my
husband about his felony charge. On December 19th they suspended him for 10 days
and said a package would be mailed to him with background information. Per HR
department, package was mailed on 21st. We have not received it. If he can’t
dispute background, he will be fired. Only negative information on background is
information they already have. Felony charge was approximately 10 years ago.
What grounds do they have to fire him now? Does he have a legal case? He works
in the state of Virginia. Corporate HQ is Rhode Island.

Asked on December 27, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he does not have a legal case *unless* he has a written employment contract for a definted or definite term (e.g. a one-year, two-year, five-year, etc. contract) which is not yet expired and which by its terms would prevent termination for this reason. In the absence of such a written employment contract, all employment in this nation is "employment at will": an employer may terminate an employee at any time, for any reason, including an old or previously known conviction. So without a contract protecting your husband, he could be fired for this reason.


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