Criminal background

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Criminal background

I’ve been with the company 21/2 year
put in for a transfer they did a new
back ground check saying a charge from
12 years ago showed up which should of
showed up on the first one they did and
I know I put it on my application as
well.can they hold terminate me over
it.the chare is endangerment to a child
defered. And they do back ground checks
ever year

Asked on June 1, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only real question is whether you had a written employment contract which, by its plain terms, would prevent this termination. If you did, they cannot terminate you in contravention of the contract: if they do, you could sue them for "breach of contract."
However, without a contract, you are an "employee at will" and any employee at will may be terminated at any time, for any reason, including a long-ago charge which came up on a new  background check (which they do), even if you had previously disclosed it. Unfortunately, employees at will have essentially no rights in or to, or protections for, their jobs.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only real question is whether you had a written employment contract which, by its plain terms, would prevent this termination. If you did, they cannot terminate you in contravention of the contract: if they do, you could sue them for "breach of contract."
However, without a contract, you are an "employee at will" and any employee at will may be terminated at any time, for any reason, including a long-ago charge which came up on a new  background check (which they do), even if you had previously disclosed it. Unfortunately, employees at will have essentially no rights in or to, or protections for, their jobs.


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