Can an employer legally terminate a new employee because their background check came back with 2 separate felony convictions for burglary and theft within the past 7 years?
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Can an employer legally terminate a new employee because their background check came back with 2 separate felony convictions for burglary and theft within the past 7 years?
Asked on June 22, 2015 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
My research suggest that in CA, employers can ask an applicant has been convicted of a felony but cannot inquire about other arrests that did not result in a conviction. Additionally, the answer provided by the applicant cannot be the sole reason that they are denied a job (Title VII of the Equal Employment Opportunity Commission). If an applicant is hired and subsequently it is discovered that they lied on the application, the employer can discharge the employee as a result of the misrepresentation but not because of the felony conviction.
Since the law is constantly evolving, you should consult directly with a local employment law attorney who can best advise you further.
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