What can I do if I have a spa in and one of my massage therapists neglected to tell me that he was fired from his previous place of employment for inappropriate contact with a client?

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What can I do if I have a spa in and one of my massage therapists neglected to tell me that he was fired from his previous place of employment for inappropriate contact with a client?

The manager of the other massage facility called me personally out of the blue to tell me what had happened and said because of the seriousness of the accusations felt that I should be told. My question is armed with this information, also with the fact that the therapist didn’t put that place of employment on his resume in an effort to hide it from me, can I now let him go. My state is a right to work state and I am under the impression that I can.

Asked on September 17, 2015 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless the employee has a written employment contract with you which, by its explicit terms, prevents you from firing him for this reason, you can terminate him at any time, for any reason--including being given this information. You don't even need to try to verify the information through other channels you can just terminate him. If you do have a written employment contract, you may still be able to terminate him e.g. because he misrepresented or lied to you to get you to hire him but because the language of the contract is critical to understanding what you can and cannot do, you should take the contract to an employment lawyer who can review it and the facts in detail.


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