Legal Question in Employment Law in California

I interviewed for a job with a recruiter that works for an employment agency. I divulged my criminal history during the on-boarding process while filling out my NDA and contracts (not at initial interview). Essentially, I was hired by a company that the agency staffs for. After I was brought on board, and having worked for a week, the recruiter decided to terminate me when my official report came in (as if she wasn't already informed of my history). She condescending told me that I was "smart" and had great "education", but did not explain further as to why I was being fired other than my criminal history (one felony; assault w/ deadly weapon from 10 years ago). The recruiter then had her supervisor call me, who by the way, offered her "sincere" apologies and suggested that I contact a 'support group' that can assist me with finding a job! This was, perhaps, the most offensive and discriminatory situation I've encountered in my entire life. I'm sitting here wondering why they even took me along this far (being fully disclosed of my past criminal record), just to fire me a few days later? Is there anything I can do from a legal stand point?


Asked on 5/10/13, 3:21 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Your situation is indeed unfortunate, but the legal system does not provide you with any sort of remedy.

The fact that you disclosed your record early on does not bar someone from terminating you due that record later on. Your employment is "at will," meaning it can be for any reason that does not constitute unlawful discrimination (and there is no evidence of that in your case) or retaliation for reporting an unlawful act.

Best of luck to you.

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Answered on 5/10/13, 3:32 am


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