My contract was terminated because my husband is a felon.
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My contract was terminated because my husband is a felon.
I am in real estate and the agency i was working for terminated my
contact because they found out my husband is a felon. They stated that
it made it hard for them to trust me. Is this legal. I was a 1099
independent contractor.
Asked on May 7, 2019 under Employment Labor Law, Idaho
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless you had protection against this action under the terms of an employment contract or union agreement, you were an "at will" worker. This means that you could have been terminated for this reason, any reason, or no reason at all and with without notice. The fact is that most companies can set the conditions of employment much as they see fit absent some form of legally actionable discrimination (and an employee's spouse's criminal background does not qualify).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is, unfortunately, completely legal unless your contract guaranteed employment for a fixed period of time, which time has not yet expired. In the absence of a contractual guaranty of work, an employer or company can terminate employment, including as an independent contractor, at any time, for any reason, including that the worker's spouse is a felon. Criminal background, whether of the worker or her spouse, is not protected under the law; you can be terminated for this reason.
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