Can an Employer Fire You for a Felony Conviction?
When an individual is convicted of a felony, they may wonder if this can affect their employment prospects. In many cases, employers are hesitant to hire or retain employees with a felony conviction. But what exactly can an employer do about it? In this article, we’ll explore whether an employer can fire someone for a felony conviction, the legal implications, and the best practices for hiring and retaining employees with felony convictions.
Can an Employer Fire You for a Felony Conviction?
Short Answer: Generally, yes. An employer can fire an employee due to a felony conviction if the conviction is directly related to the employee’s work performance or duties. However, this decision depends on various factors, such as the nature of the crime, the employee’s behavior, and the specific employment policies in place. (See Table 1)
Table 1: Legal Framework for Firing an Employee with a Felony Conviction
| Jurisdiction | Legal Protections | Exceptions |
|---|---|---|
| Federal | Generally, no federal law prevents an employer from firing an employee with a felony conviction | – |
| States | Varies; some states have specific laws preventing employment discrimination based on arrest or conviction records | Some states, like California and Washington, prohibit employers from firing employees for a prior conviction unless the conviction relates to the employee’s duties or work |
State-Specific Laws
As you can see from the table, some states have enacted laws that protect employees with felony convictions from discriminatory practices. California and Washington, for example, prohibit employers from firing employees solely based on their prior conviction record. In these states, the employer must demonstrate that the conviction is directly related to the employee’s duties or work. (See [1])
Exceptions: Public Policy Considerations
Even if an employer can fire an employee due to a felony conviction, there may be exceptions if the termination goes against public policy. For instance:
• Employee’s ability to perform job duties: If the employee’s skills or abilities are not directly impacted by the felony conviction, the employer may need to accommodate the employee.
• Employee’s rehabilitation efforts: If the employee is making efforts to rehabilitate themselves, such as by seeking counseling or treatment, the employer may need to consider these efforts when making a decision.
• State-specific laws: Certain states have laws that explicitly prohibit employment discrimination based on felony convictions.
Background Checks and Public Disclosure
When an employer conducts background checks, they may require candidates to disclose their prior felony convictions. But:
• Voluntary disclosure: If the candidate voluntarily discloses the conviction, the employer cannot fire them solely based on the conviction.
• Non-voluntary disclosure: If the employer learns of the conviction through an outside source (e.g., public records), the employer may consider the information, but must comply with applicable laws and regulations.
Best Practices for Hiring and Retaining Employees with Felony Convictions
- Screen candidates carefully: Perform thorough background checks and investigate any concerns about the candidate’s conviction record.
- Assess individual circumstances: Consider the employee’s behavior, rehabilitation efforts, and any relevant details about the conviction.
- Evaluate job suitability: Determine whether the job requires skills or abilities impacted by the felony conviction.
- Document processes: Maintain clear records of hiring and firing decisions related to felony convictions.
- Train HR and managers: Educate employees on applicable laws, best practices, and the company’s policies on hiring and retaining employees with felony convictions.
Conclusion
Firing an employee due to a felony conviction is legally possible, but employers must navigate a complex legal framework that considers state-specific laws, public policy considerations, and individual circumstances. Employers should develop a thoughtful, documented approach to hiring and retaining employees with felony convictions, taking into account both the employee’s rehabilitation efforts and the impact of the conviction on job performance.
References:
[1] California Labor Code § 432.7; Washington State Law, RCW 49.44.020