Legal Question in Employment Law in California

unlawful termination

I have been informed that the Board of Directors of the non-profit agency where I am employed at has recently established a strict policy re: terminating current staff and no longer hiring applicants that possess felony records. The director who hired me over a year ago was aware of my criminal record, but did not disclose such to HR. At the time, there was no written policy re: hiring applicants with felony records.

All staff were recently required to be fingerprinted, and now HR is waiting for the results of the background check. My supervisor noted that he will do everything in his power to advocate for me, but the final decision is up to the board. If I am terminated based upon this ''policy'', would I have a case for unlawful termination?


Asked on 9/20/02, 5:19 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: unlawful termination

IF the non-profit is in the education or child care business, you are out of luck - barred from working there by law. There are other grounds for companies to rufuse employment to felons, such as bonding, insurance provisions, etc. If none of the above, then you might be able to make an argument that the rule can not be used against you since you have worked there for some time. If you want to discuss hiring counsel to discuss this or fight it, call 714-960-7584

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Answered on 9/23/02, 10:56 pm


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