Legal Question in Employment Law in Utah

Fired For Felony Charge

My sister was recently fired from a major Texas-based nationwide retail chain for a felony charge (which is set to be expunged in a couple of months). Six years ago, she was hired on by this company (about two months after the felony). In the past few months, the company instituted a background check policy and subsequently fired her. We are trying to determine the legality of this, given that the company knew about her conviction upon her being hired. The review board requested all the legal documentation proving she had completed all the programs required. She did, along with a couple letters of recommendation from her managers. A day later, they informed her of her termination. Is this a lawful action?


Asked on 1/19/07, 12:08 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Fired For Felony Charge

If your sister was employed in Utah; and if she did not have an employment contract; then chances are that she was an "at-will" employee who could be fired for any reason at any time. She can file for unemployment compensation at Workforce Services. She should request a letter of explanation as to the reasons for termination.

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Answered on 1/19/07, 12:15 pm


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