criminal background not an issue at hire

[madsky277]

What is the name of your state?South Carolina
I was hired for a job in June of 04. On the application there were no questions about criminal background. I always check thouroughly for these and answer them honestly as i am a convicted felon. Recently the bookkeeper for this business has approached me and informed me that another employee has found out about my background and approached the manager. He in turn is going to terminate me on grounds that I lied on the application. Is this legal? Does the other employee have a right to investigate my past? What do you suggest if i am terminated?

 

[SuzieWahoozie]

IF you are fired (and that is only an IF because honestly, I don't know how one employee thinks they KNOW what will happen to another), your only recourse is to look for another job.

Now, certainly you can explain that you didn't "lie" because the question wasn't asked, but if the boss is hellbent on firing you he/she will.

As for the question about whether it is okay for another employee to delve into your background, that depends. How did he/she look into your background? And what is their position with the company? If they are the HR Director, it's their job. We need more information on how/why they looked into your background before that question can be sufficiently answered.

From what you posted, you have no legal recourse. Nothing illegal has happened.

 

[JETX]

Does the other employee have a right to investigate my past?

Yes. Contrary to the previous post, your criminal history is public record and, unless there is some other restriction imposed on that persons accessing them, is not illegal or prohibited.

 

[SuzieWahoozie]

Criminal history, as pointed out, is public record, but the OP asked about looking into "my past," which although not specified in the post, could mean more than just criminal history. Not everything is public record available to any and all, and that is why I asked the questions I asked.

Op, we need the answers to the following questions:

What is the company function of the person who obtained background information?

Why did they obtain it?

What specific information did they uncover?

 

[JETX]

but the OP asked about looking into "my past,"

Not really.

The original post included:
"there were no questions about criminal background.
"i am a convicted felon.

It is clear (at least to me), that the 'past' he is referring to is his CRIMINAL history.

What is the company function of the person who obtained background information?

Not RELEVANT!!

Why did they obtain it?

Not RELEVANT!!

What specific information did they uncover?

Guess what.... Not RELEVANT!!

 

[enjay]

I'm wondering if there's a nexus between the criminal record and the position.

 

[JETX]

I'm wondering if there's a nexus between the criminal record and the position.

There doesn't need to be. Bottom line to all of this is... the employer can terminate the OP for ANY reason... or no reason at all. The fact that the employer is considering terminating "for lying on application" is really not relevant either.... except to protect the OP against that reason being given on future 'reference contacts'.