Was my husband illegally termintated?
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Was my husband illegally termintated?
My husband was recently hired and worked a week in his new job. He received a call from HR saying he is fired for not disclosing a DUI arrest he experienced 14 almost 14 years ago. He did no know that he had to disclose something that happened so long ago and is not a charge that is pertinent to the position he was hired for.
Asked on October 21, 2019 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately, unless your husband had a written employment contract for a defined or set period of time (e.g. a one-year contract) which prevented him from being fired at this time or for this reason, he was an "employee at will." An employee at will has no rights to, guaranty of, or protection for his job, and can be fired at any time for any reason, including some old DUI the employer became aware of. Without the protection of a written contract, this was legal and not wrongful termination.
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