Can I be fired for a DUI from 5 years ago?

What is the name of your state?I work/live in New York.

I was recently terminated from a job that I had because the background check revealed a misdemeanor DUI conviction from 5 years ago, way before I started working there. I was in a contract position through an employment agency. The agency didn't do a background check on me, nor did they tell me when I quit my old job that I would be subject to such a check at the Company that I would be working at. At the site where I worked, I filled out their application and proceeded to work for a month, until the background check revealed the DUI. The Employment agency was notified that my contract with the contract employer was terminated. I never lied on any application, as I wasn't convicted of a felony. Can they do this?

Do I have any recourse against anyone? maybe the employment agency who referred me to this position? Under the arrangment, I am an employee of the employment agency.

Can I collect unemployment? I am an hourly employee of the employment agency.

Can Companies really have a policy where they deny employment to people with misdemeanor convictions?

Are you absolutely certain that when you filled out the paperwork for the employer, there wasn't one authorizing them to do a background check?

The only possible case I can see for you would be if you could prove that (a) you NEVER authorized a criminal check; (b) you could prove that the check was run by a third party and not by the company themselves AND (c) the company failed to inform you that you were not hired BECAUSE OF this check.

If the company performed their own check, you are SOL. Your permission is ONLY required if a third party performs the check.

BTW, yes, in your state an employer is allowed to refuse to hire someone because of a misdemeanor conviction.

Off the top of my head, I can't think of any reason why you shouldn't be able to collect unemployment, but only an adjudicator from the state of NY can say for certain.