Legal Question in Employment Law in Virginia

felony employment question

Can I be denied employment based solely on the fact that I have a previous felony without knowing what the felony is and if it would be ''job-related''? I was offered a job, knowing of my felony, hired, and then fired the day I was to start stating that the company has a policy to NEVER hire a felon, regardless of time since felony or what the felony is. It was non-violent and non-drug related


Asked on 3/20/07, 7:02 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: felony employment question

Yes, in a so-called right to work jurisdiction such as the Commonwealth of Virginia, I know of nothing whether in statutes or caselaw which would prevent an employer from implementing with impunity the kind of no-felon policy which you've described.

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Answered on 3/20/07, 7:37 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: felony employment question

If you were hired and then fired you would have no claim to relief in that a Virginia employer may, absent certain exceptions, fire an employee at will. (e.g. the color of the clothes they wear). Only if there was a contract stating otherwise, or representation or discrimination will employment be outside the scope of the at-will rule.

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Answered on 3/22/07, 12:48 am


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