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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18902
Experience:  Employment/Labor Law Litigation
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If I was hired at a company in 2002 and disclosed my criminal

Customer Question

If I was hired at a company in 2002 and disclosed my criminal history and was accepted at the job. Now as of last year they are doing background check and it came up again and they states they are making a decision if they should continue my employment. Can I be fired even though this is not a new issue and I have had no other incidents.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. The problem is that there is not a law that makes discriminating against criminal back grounds illegal. The EEOC has taken some cases where the employer is using an old criminal record to termination someone, but the underlying issue was not the criminal conviction, but rather, racial discrimination. The point was that the employer was using an old conviction as a pretext to cover up discrimination based on other factors. But if the issue is really just the conviction, then under the concept of "at will" employment, the employer could termination the employment at any time. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 11 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.