Is it legal to terminated a employee after a month of working and a background check comes back with a 10 year recordmisdemeanor

UPDATED: Oct 1, 2022

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Is it legal to terminated a employee after a month of working and a background check comes back with a 10 year recordmisdemeanor

I have a misdemeanor record from 2008. I
was working this job and received a call
after a month of being employed there
and was told I was terminated over a 10
year record misdemeanor. What can I do
to get my job back?

Asked on March 5, 2018 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't do anything to get your job back, unfortunately, unless this termination violates the terms of a written employment contract for a definite or set period of time (such as a one-year, two-year, five-year, etc. contract) which is still in effect (i.e. unexpired). In the absence of such a written agreement, you are an "employee at will" and an employee at will may be terminated at any time, for any reason, including a 10-year-old misdemeanor. An employee at will, quite simply, has no rights in or to his or her job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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