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Terminated due to background check! Legal?

Boise, ID |

After being employed by the same company for 3 1/2 years, I recieved notification on tuesday that at hire they had not received a background check. I was then asked to agree to background check which was completed today. After my scheduled shift i was brought into my managers office and told that i would be suspended possibly terminated due to a felony conviction I had received in 2006. There was no deception on my part at hire, the mistake was on my employers part for not proccessing the background check at hire.The original charge was a grand theft that I received in 2001. I was given a withheld judgment for this charge. In 2006 the withheld judgement was revoked due to a probation violation.My question is do they have leagal grounds for termination, or do I have recourse?

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Attorney answers 1


As an at will employee you may be fired for a reason, no good reason or no reason at all other than illegal discrimination. Discrimination against you based on age, gender, race, religious beliefs etc.... may give rise to a different answer. If you do not have an employment contract or union to represent you, your recourse is limited.

You might find my Legal Guide helpful "Workplace Discrimination: A Basis for Wrongful Termination Claims"

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.



I believe you have recourse against both the recruiter and CRA (background screening company). CRA's must adhere to what is known as the Fair Credit Reporting Act (FCRA) in additional to reporting compliance with state law. The first issue is the CRA reporting records solely on a name and YOB check. Section 607(b) of the FCRA: Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Reporting a record for employment screening purposes solely on a name/YOB match doesn't cut it, even with the useless disclaimer they input, and likely a violation of the FCRA. Second issue - Were you provided with the FTC Summary of Your Rights when you signed a Authorization for the BC to be performed *and* when you received your Adverse Action Notice?? Yep, they must provide to you 2x! Something tells me some more steps weren't followed in this debacle and strongly encourage you to seek an attorney who specializes in employment law and also contact the FTC.