Legal Question in Employment Law in California

Fired for Predesclosed Felony

I was fired recently when our company was bought out due to a 17 year old felony on my record. When I was orignially hired I disclosed my record to HR and my application stated that it was disclosed to HR. Can they fire me for a predesclosed criminal record?


Asked on 8/28/08, 5:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Fired for Predesclosed Felony

Fired? Or simply not hired by the new company? There is a difference, although both could be wrong. You must start from an understanding that you are an 'at will' employee that can be fired anytime for any reason; unless for 'illegal' reasons barred by law, or under union contracts. There is a provision that you are not to be discriminated against because of a past conviction. So, unless your job is in child care, medical care, certified occupation, etc., where felons can be prohibited, you may be able to make a claim. Feel free to contact me to discuss the real facts and issues.

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Answered on 8/29/08, 6:17 pm


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