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Did background check constitute termination?

Phoenix, AZ |

In February, I took a job at a mortgage company. A month later, I was informed that my background check failed and that I was being let go. I had assumed it was due to a criminal charge from January 2013. I was arrested for a drug charge, a class 4 felony. A few weeks later, I entered into a plea agreement to do drug diversion/TASC. After successful completion of TASC, all charges against me would be dropped. AZUI wrote I can still receive unemployment, and it rattled off reasons from my emplyer for termination; ARS 23-775.2, AAC R63 5105, and evidence of misconduct, R6 3 51190. Does this tell you that it was because of the drug charge/background check? Is this legal, and do I have any recourse? I answered honestly that I had never been convicted of a felony/misdemeanor. Thanks!

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Attorney answers 2


If AZ is an "at will" state as to employent, the company could terminate you for any reasin so long as it is not for an improper reason such as age or gender. Suggest that you consult a labor / employment attorney and, if still possible, ask for a hearing / appeal any adverse decision re your UE benefits.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


It may be worth your time to speak with an employment attorney about your particular case, but Arizona is an at will state, so unless you had an employment contract or something that changes your at will status the employer can terminate you for any reason, or no reason, so long as it is not a prohibited reason. Good luck.

This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210

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