Post employment Background Check

Nashville, Tn....


I have a friend who has worked for a company here in Nashville for about 6 months. During that time she as received a raise and a small promotion. They are changing management and now they are requiring all employees to have a background check. She has a felony. Once they find this out is it legal for them to fire her because of that reason, or would that be considered some type of discrimination?

Thanks!

mellomann said:

Nashville, Tn....


I have a friend who has worked for a company here in Nashville for about 6 months. During that time she as received a raise and a small promotion. They are changing management and now they are requiring all employees to have a background check. She has a felony. Once they find this out is it legal for them to fire her because of that reason, or would that be considered some type of discrimination?

Thanks!

Click to expand...

My response:

What? Discrimination against a criminal? No such animal.

Once the company finds out though, she's hamburger meat.

IAAL

When she was originally hired, did they ask any questions, either at interview or on the application, to which a truthful answer would have revealed the felony?

If so, and if she lied (either by commission or omission) that is considered falsification of her application, which is grounds for immediate termination.

If they never asked her any questions which would have revealed the felony, then they may or may not term her when it comes up. Either way, it's legal.