Can an employer terminate an employee solely based on their criminal history even though there was full disclosure prior to hiring?
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Can an employer terminate an employee solely based on their criminal history even though there was full disclosure prior to hiring?
Asked on June 24, 2015 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The employer may terminate the employee due to his or her criminal history, even if such was prevously disclosed, as long as the employee does not have a written employment contract limiting the reasons for termination--and, if so, this is not one of those reasons. That is because without a written employment contract, all employment is "employment at will" and an employee may be terminated at any time, for any reason whatsoever--or even for no reason at all (e.g. the employer just decides to terminatte them on a whim or because the employer is having a bad day).
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