Legal Question in Employment Law in Washington

Fired for Theft

In the beginning of '06 I got a job with a large retail company. I did my job well, and was fairly well repected by my peers and supervisors. In Oct of '07 I did a stupid thing and stole money from my drawer to cover babysitting costs I couldn't pay. Needless to say I was caught and fired on the spot. I wasn't charged, I wasn't escorted out of the building, and I was even told I was still welcome to come and shop there. I now have a new job (in fast food) that I started Nov '07. I'm going to make a manager position, and a background check is going to be done. Because nothing was charged I don't worry about the theft itself showing up (I have a clean record), but will it show my previous job and why I was fired? I was hired on based on references, and my termination at my other job wasn't discussed, so I never lied about it, but I never said anything either. I guess what I'm asking boils down to: Can a background check show why you've been fired, and if it does, can I be fired for what they find on it even if I haven't lied about anything?


Asked on 1/08/09, 12:13 am

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Fired for Theft

To answer your second question first, unless you have an employment agreement that says otherwise, you can be fired for any reason that is not illegal. So, if they discover the theft and decide they do not want you, even if you never lied about it, yes, they can let you go.

Whether a background check will show why you were fired depends on how thorough the background check is. If you were never charged with anything, and if you are getting an acceptable reference from your former employer, my guess is that this problem won't show up. There is no place in "public records" that I know of where such information would be recorded. However, if "background check" includes calling your former employer and pressing them with questions, this may or may not show up. (Your former employer may have a policy, as do many companies, of simply confirming dates of employment and last position held, but providing absolutely nothing further.) There is no way to predict with absolute assurance.

Good luck; I hope it works out.

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Answered on 1/08/09, 12:33 pm


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