There’s still confusion about whether and when employers can terminate employees because they have been convicted of a crime.
Until 2007, only applicants were protected from discrimination based on past criminal convictions. Then the New York Legislature broadened the New York Corrections Law (NYCL) to read, “[N]o employment or license held by an individual ... shall be denied or acted adversely upon by reason of the individual’s having been previously convicted of one or more criminal offenses.”
But what about a current employee who, during employment, is convicted of a crime? It’s still not clear that you can fire him because of that conviction.
Recent case: Emilio Noble was convicted of grand larceny. At the time, he was working for Career Education Corp. When the company found out, it fired him.
He sued, alleging that terminating him violated his rights under the NYCL. After his termination, the law was amended to protect applicants and employees.
The court dismissed his case because at the time he was fired, the law covered only applicants. But it left open the possibility that it might interpret the new language to apply only to convictions that predated the start of employment, leaving employers free to fire employees newly convicted. (Noble v. Career Education Corporation, No. 09-3519, 2nd Cir., 2010)
Advice: Until the law is clarified, consult your attorney before firing someone based on criminal records.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11861/tread-lightly-when-contemplating-firing-employee-whos-been-convicted-of-a-crime "
- Statewide anti-gay bias bill introduced in Legislature
- Don't use weight as an excuse not to hire, no matter the cost
- Informal vacation policy can cost you.
- Certain you had a good reason for firing? Don't agonize over decision--or fear a bias suit
- Feel free to fire! There's no reason you have to tolerate threatening behavior