Can an Employer Fire Me After a Background Check Did Not Reveal Criminal History?

The primary purpose of background checks is to prevent individuals with criminal records from entering a company's environment. It makes sense to ensure the safety and well-being of the work environment by employing only those who have a clear criminal history.

The Dilemma of Dishonesty

Suppose a background check is conducted, and it does not reveal any criminal history. However, later on, the company discovers that you have a criminal conviction. Would they have the right to fire you? This article will explore the legal and ethical implications involved in this scenario.

Imagine working next to someone who has been a carjacker, an arsonist, a habitual drunk driver, or a domestic assault convict. No one would want such individuals in their workplace. Therefore, if a person's behavior contradicts what is advertised during the hiring process, it is a valid reason for an employer to terminate their employment.

The Role of Probationary Periods

Many employers conduct background checks during the hiring process, but occasionally, the results may not be disclosed until a probationary period is completed. If a company discovers a criminal conviction during this period, they can take action.

For instance, if an employer hired you under the assumption that you had no criminal history and you were deceptive, they might question your reliability and honesty. This type of dishonesty, even if it doesn't affect the job performance immediately, can be just as damaging as a criminal conviction. As a result, the employer might fire you for your dishonesty rather than a direct criminal record.

Employers often consider second chances, but lying about your background, in their eyes, is a dealbreaker. If you were to apply for the position and disclose your criminal history during the interview, the employer might have taken a different view. However, once you have accepted the job with false information, the employer has grounds to terminate your employment.

Employer’s Rights Under At-Will Employment

Most employment contracts in the United States are considered 'at-will.' This means that an employer can terminate an employee for any reason, even if it is not provided. Employers can terminate employees based on the discovery of criminal history, ethical violations, or any other personal issues that might arise.

Employers can legally fire you if:

They find out that you lied on your application regarding your criminal history, You don’t meet the security qualifications required for the job, There are any other legal grounds for dismissal.

Employers may also choose to fire you without providing any specific reason, which is a clear demonstration of their right under at-will employment contracts.

Legality and Ethical Considerations

While background checks are a common practice, it is important to ensure that they are conducted legally and ethically. Employers must follow specific guidelines depending on the state or country they operate in, particularly regarding the collection and use of personal information.

Employers should also be transparent with their employees about the information they collect and how it will be used. If an employee is fired for failing to disclose a criminal conviction, the employer must be able to provide a clear and legitimate reason. Employers must adhere to anti-discrimination laws and ensure that their policies do not disproportionately affect certain groups of people.

Conclusion

Employers can fire an employee for a variety of reasons, even if the employee's background check did not reveal any criminal history. Lying about your criminal history can be used as a valid reason for termination. However, employers must also be mindful of legal and ethical considerations to ensure fair treatment of all employees.

Understanding your legal rights and obligations as an employee under at-will employment is crucial. If you find yourself in a situation where an employer is firing you after a background check, it is advisable to seek legal advice to protect your rights.