QUESTION

Can an employer hire an individual knowing that individual has a prior conviction that was dismissed , then use that as justification for firing them?

Asked on Nov 29th, 2012 on Employment Contracts - Texas
More details to this question:
The conviction was dismissed but still shows up on a background check, the employer knew of this at time of hiring and is now using at justification for termination.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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In the U.S., an employer need not have justification for termination -- employment is "at will," which means that employment may be terminated at any time for any reason or no reason at all. Thus, the employer must not have a "good," valid, logically consistent, credible or serious reason for termination.
Answered on Nov 29th, 2012 at 11:50 PM

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