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I was fired from my job for having a felony even though I said on my application that I did.

Ellington, CT |

I applied to a contracting company, they do contracting work for Cox Communications. On my application I answered yes to having a record, the contracting company even ran a background check on me. After 2 years I received a letter from Cox Communications stating that I cannot go on Cox Communication Property anymore and I was fired.

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Attorney answers 3


Connecticut is an "at will" employment state. An employer can terminate an employee for any reason or no reason. However, there are exceptions. An employee may not be discharged for discriminatory reasons, such as race, gender, national origin, religion or sexual orientation. An employee also may not be discharged in retaliation for refusing to comply with an illegal directive of the employer, or for engaging in certain other protected activities, or if the employment contract or collective bargaining agreement provides that the employee can only be discharged for cause. The reason for your termination appears unrelated to any of these protected categories, and hence your employer likely was within his right to terminate you. You may have more facts that may have a bearing on this assessment. You may want to speak to an employee rights lawyer in your state.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


What you have is your employer's customer refusing to be "serviced" by you. Your employer has no legal grounds to compel a different decision from their client. I don't see a legal ground for you here. I wish I did. After 2 years, this is a rotten deal.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


With respect to Convictions, here in Connecticut Employers are allowed considerably more latitude when it comes to convictions. Inquiring about arrests that resulted in a felony conviction is not prohibited by law, and from an employers' perspective is a wise practice to follow. Nevertheless, employers do not have carte blanche. The EEOC suggests that employers consider the following in reviewing an applicant's conviction record:

• How long ago did the conviction take place?

• What were the circumstances of the offense?

• How many convictions were there?

• What is the applicant's employment record since the conviction?

• What rehabilitation has the applicant been through?

The EEOC further recommends that if inquiries about convictions are made, they be accompanied by a statement that a conviction record will not necessarily be a bar to employment, but factors such as recency and rehabilitation will be considered.

The concepts of "business necessity" and "job relatedness” rule. Each of these dictates, for example, that a firm would not be expected to employ a person with a recent record of embezzlement in a position of financial trust, nor a convicted child-molester as a meter reader; but the same persons might be suited to other jobs.

Keep in mind that denial of employment based on a record of convictions is much more likely to stand up to challenge than is a denial based on a single conviction or on arrests from which no convictions resulted.

Turning next to your set of facts, I want to invite you to contact my law firm so that we may explore with you everything that occurred immediately prior to your being notified of dismissal. And yes, we are Connecticut based employment lawyers. Good luck and best regards, Rob Fortgang

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