What are my options for being sent home on first day of a job due to an old arrest?
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What are my options for being sent home on first day of a job due to an old arrest?
I accepted a job offer where the start date was pushed back 3 times while the background check cleared, which it finally did. Started my job and was finger printed on the first day. 4 hours later was sent home due to an arrest that came up which I forgot about from a few years ago. No crime committed and no conviction. Following day was asked to not return with no explanation of why. Do I have any rights here? or move on. Not that I would go back as this is now a sour relationship.
Asked on March 25, 2018 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, unless this violates a written employment contract for a set or defined period of time (e.g. a one-year contract starting on a certain date), you have no rights: without a contract, you are an employee at will, and an employee at will may be terminated at any time, for any reason, including the results of a criminal background check--even if all that come up was an arrest, without conviction.
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