Do I have to tell my employer that I was convicted of a felony?

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Do I have to tell my employer that I was convicted of a felony?

I received a job while my case was still pending and now I am going to get convicted of a felony theft charge and was wondering if I have to tell my employer by law, or if its my choice. I plan on telling them somewhat about it, but I was told I that I have to tell them everything. Is that true?

Asked on September 7, 2010 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are certain jobs where you would have to notify your employer, at least  of certain kinds of crimes--e.g. sex offenses if you work with children; certain types of fraud or theft if you work for a bank or securities firm. However, as a general matter, you are under no obligation to tell an employer of any crimes unless you have signed some agreement which includes that requirement; and even if it does, if you fail to tell your employer, you'd be guilty only of breach of contract, not of a criminal act, for not telling. So for the most part, this would be your decision as to whether or not to tell your employer. If you are concerned, you should consult with an attorney who can render an opinion based on the specifics of your situation and on any documents you have signed. Good luck.


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