Grandfathered??

mmscott · July 2003

I have a friend who is scared to death regarding his company's new policy regarding criminal background checks. New management implemented this and he signed for consent to do such a check. He has been with the company for 7 years and DOES have a felony. Because it was over the 7 years when he applied~ he checked No on the infamous conviction queston. What are his rights now? can they fire him? They also just implemented a drug free policy. He's clear on that note but could employees be fired based on this?

Rockie · July 2003

Your friend should be okay as he responded to the question appropriately that he was asked when he was hired.

I implemented background checks when I became HR Director at my present job and I just grandfathered the existing employees in. Is this company planning on terminating present employees who may have something on their records? They may want to check with legal counsel before they do this, if this is the intent.

LindaS · July 2003

As long as he answered the question honestly when he completed the application, he should be okay in that regard. The issue to remember is that the decision to terminate an employee based on prior criminal history needs to have something to do with the job they are performing. For example, a conviction for drunk driving should have no impact on an employee (unless they lied on their application) if their job does not require them to drive. Hope this helps.

Hunter1 · July 2003

Unfortunately, the way you posed the question, there certainly could be a problem. Did the application question ask if he had committed a felony in the past seven years, or just if he had a felony conviction? If it just asked if he had a felony conviction and he answered 'no', he lied on his application, and depending on employer policy, it could be grounds for termination.

mmscott · July 2003

Thank you for your imput. I believe the question was within the seven year period. It's been about 2 weeks and he hasn't heard anything. So he is breathing a little easier.

Grandfathered??

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