• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

can you fire a sex offender working with minors

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state?AZ

I need to know if a company can legally fire a man that is a registered sex offender, I don't know if this information was included on the application, but I don't think it was. The company has 16 and 17 year olds working along side this registered sex offender.

I know AZ is a right to work state and he could be fired for any reason but the company will not act if there is a chance for unemployment or wrongful termination. I contacted the Labor board and there are no laws saying that a sex offender cannot work where children work. I also contacted EEOC and Civil Rights for the state and sex offenders are not a protected (for lack of a better word) class. But isn't that exactly what the company would be doing? Firing him based on a past crime (heinous and disgusting as it is).

Please help before one of these kids parents find out that this man is working there and all hell breaks lose. I know I would be pi**ed if I found out a sex offender was working where my child works and I was not informed.
 


cbg

I'm a Northern Girl
First of all, right to work means you can't be forced to join a union. It has nothing whatsoever to do with who can be fired when. What you mean is that Arizona, like every other state in the US except Montana (and even including Montana in some instances) is an employment at will state, meaning that an employee can quit at any time and for any reason, and can be fired at any time and for any reason that does not specifically violate the law.

To your question; CAN they fire him? Sure they can and it won't be a wrongful term or illegal discrimination. But if they decide to fire him because he's a sex offender and for no other reason, he'll get unemployment. It doesn't have to have been an illegal firing for him to collect. If they won't fire anyone who's going to be able to collect unemployment, they'd better not fire him - at least, not for this reason.
 

Beth3

Senior Member
Some States make it unlawful to discriminate in employment practices based on criminal conviction history unless the crime is "substantially related" to the job. Without knowing the specifics of the crime this individual was convicted of ("sex offender" covers a LOT of territory from an 18 year old having consensual relations with his 17 year old girlfriend, to pedophiles), this employer would be well advised to consult with an employment law attorney before taking any action.
 
Thank you both for your advice. But as it turns out I jumped the gun on asking the question anyway since he did not disclose this information on his application, which I think will also take care of the unemployment issue as well.
I know this is a touchy subject and I apologize for dragging you in to it but I am concerned about the parents of these minors finding out and any one, yes including the employee in question getting hurt.
All I can answer on the degree is that he is Risk 2 Intermediate and convicted of child molestation he is/was in his 30's when convicted.

Thanks again for all the help!
 

Beth3

Senior Member
Yep, if he lied on his application form about his criminal history (or anything else of any substance), the rest of the discussion is moot. He can readily be discharged for falsifying his application (and should be.)
 

cbg

I'm a Northern Girl
Was the question ASKED on the application?

If so, and if he lied, then yes, that should take care of the issue and unemployment both. But he is not required to volunteer the information on the application if it is not asked.

Just what is your connection to this, anyway?
 
Sorry just checked back. Yes it is the standard app at lead=st in AZ. That does ask if you have been convicted of a felony(it may say "any criminal offense other than traffic violation" instead of felony) in the past seven years?

He answered "No" and the conviction was in 2000 so they fired him today I believe.

As to my connection. My fiance is one of the managers. One of the employees overheard the employee in question saying something about the conviction to someone. The employee that overheard it told my fiance what he heard and my fiance told me so I looked him up on line to double check. Then when my fiance told the company heads they began to freak b/c minors worked there and they thought they were going to get in trouble but wanted to have legit grounds for termination.

Thanks again for all your help
 

cbg

I'm a Northern Girl
May I offer you a word of advice?

Keep the **** out of it next time. You lucked out this time - the company reacted exactly the way you wanted them to. But they could just as easily have fired your fiance because you were meddling in the company's business.

I'm not yelling at you - but you were walking a very dangerous line and it's sheer luck that the only person that got hurt was the person you were trying hurt. Also, keep your mouth shut about your contribution to his firing - he's not likely to take kindly to it, even if he brought it on himself. I'm not defending him or what he did, but you were out of line.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top