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I am trying to find out if it is legal to ask employees to…

I am trying to...

I am trying to find out if it is legal to ask employees to disclose being charged or convicted of disqualifying offenses during their employment? SO this is after the hiring process, they have already been hired, can we ask them to inform us of changes to their criminal background?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Illinois is an At will state, the position is part time.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 2 minutes by:
3/12/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified

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 system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

There is no law against asking an employee to disclose any offenses that take place during their employment, no. The information is relevant to their employment and is not legally confidential. In fact, criminal charges and convictions are public information so there is no protection in the information itself.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
Thank you! I do have a follow up question: as an employer can we terminate an employee for NOT self-disclosing a new arrest or conviction if they have signed a request to keep it up-to-date when they were hired?

In an "at will" employment situation, you can terminate an employee for liking the color blue more than you like (not kidding). There really are very few restrictions.

Certainly, failing to disclose information relevant to their employment (like a disqualifying arrest/conviction, would fit into the safe zone of "at will" employment terminations.

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Customer reply replied 4 months ago
Great! Any verbiage pitfalls that I should avoid when making the document? My plan was to keep it simple, just ask them to immediately disclose any arrests or convictions during their employ, to not do so may result in termination. (You're getting a 5 from me so far!)

I wouldn't get more complicated than that. This doesn't have to be full of legalese, because it is something you can ask and there isn't any particular law that you have to comply with here.

Just use plain language so that it is clear what your expectations are.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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