Can You Lose Your Job for a Misdemeanor?
As the old adage goes, "you are judged by the company you keep." In the context of employment, this means that an employee’s criminal record, including a misdemeanor conviction, can have significant consequences on their job and career. In this article, we will explore whether it is possible to lose your job for a misdemeanor and what employers are allowed to do in terms of reviewing and considering an employee’s criminal history.
Direct Answer: Can You Lose Your Job for a Misdemeanor?
Yes, it is possible to lose your job for a misdemeanor conviction. Employers have the right to terminate an employee’s employment contract if they discover that the employee has been convicted of a crime, including a misdemeanor. However, the extent to which an employer can use a misdemeanor conviction as a basis for termination varies depending on the state and local laws, as well as the employer’s policies and procedures.
Why Do Employers Care About an Employee’s Criminal Record?
Employers may be concerned about an employee’s criminal record for several reasons:
- Risk to the workplace: An employer may worry that an employee with a criminal record may pose a risk to the safety and well-being of other employees, customers, or clients.
- Reputation and brand image: An employer may be concerned that an employee’s criminal record could damage the company’s reputation and brand image.
- Legal and regulatory compliance: Certain industries, such as healthcare and finance, are heavily regulated and may require employers to conduct thorough background checks on employees.
State and Local Laws Regarding Criminal Record Checks
While federal law does not prohibit employers from considering an employee’s criminal record, some states and local governments have enacted laws that restrict an employer’s ability to use criminal history as a basis for employment decisions. These laws are often referred to as "ban-the-box" laws, as they prohibit employers from inquiring about an applicant’s criminal history on job applications.
Here is a table summarizing the current state of "ban-the-box" laws in the United States:
| State | Law | Effective Date |
|---|---|---|
| California | AB 1008 | January 1, 2018 |
| Connecticut | HB 7379 | July 1, 2017 |
| Hawaii | HB 2065 | January 1, 2015 |
| Illinois | HB 1438 | January 1, 2015 |
| Maryland | HB 1315 | October 1, 2016 |
| Massachusetts | SB 2184 | August 1, 2010 |
| Michigan | HB 5285 | December 28, 2018 |
| New Jersey | A 1438 | January 1, 2018 |
| New York | SB 510 | January 27, 2019 |
| Oregon | HB 3025 | January 1, 2017 |
| Rhode Island | HB 7294 | July 1, 2013 |
| Vermont | HB 441 | May 22, 2016 |
| Washington | HB 1452 | July 1, 2015 |
What Employers Can Do
Even in states where "ban-the-box" laws are in effect, employers are still allowed to conduct background checks and consider an employee’s criminal record in certain circumstances. Here are some guidelines for employers:
- Only consider convictions that are directly related to the job: Employers should only consider convictions that are directly related to the job or pose a risk to the workplace.
- Consider the nature and seriousness of the offense: Employers should consider the nature and seriousness of the offense, as well as the time that has passed since the conviction.
- Consider the employee’s explanation and rehabilitation efforts: Employers should consider the employee’s explanation for the offense and any efforts they have made to rehabilitate themselves.
- Provide a reasonable opportunity for the employee to respond: Employers should provide a reasonable opportunity for the employee to respond to any concerns or questions they may have about the employee’s criminal record.
Conclusion
In conclusion, while it is possible to lose your job for a misdemeanor conviction, the extent to which an employer can use a misdemeanor conviction as a basis for termination varies depending on the state and local laws, as well as the employer’s policies and procedures. Employers should be aware of the laws and regulations in their jurisdiction and conduct thorough background checks and considerations before making any employment decisions.
