Firing Someone for Having a Criminal History

[wonderingaround]

My question involves labor and employment law for the state of: Colorado

Is it legal to fire someone for having a criminal history even if they disclosed it to you in full when you hired them? What kind of retaliation could the person pursue if they were fired.

[Mr. Knowitall]

That will depend on the facts.

[wonderingaround]

That will depend on the facts.

I have some customers that don't like the fact that I have a ex-felon working for me. So my question is even though this person disclosed in full everything and I was ok with it at the time can I terminate them now for having the record. They have done nothing wrong and perform there duties just need to get rid of them for there record. Trying to figure out what my liability for doing this would be.

[antrc170]

You do not need a reason to terminate an employee in Colorado. With few exceptions, CO is an at-will employment state. Unless you have a contract in place you can terminate the relationship at any time. The fact that your employer is causing your customers concern is a valid reason for termination.

[Beth3]

I have some customers that don't like the fact that I have a ex-felon working for me. So my question is even though this person disclosed in full everything and I was ok with it at the time can I terminate them now for having the record. They have done nothing wrong and perform there duties just need to get rid of them for there record. Trying to figure out what my liability for doing this would be.

Putting the legal issues aside for a moment, are you going to let your customers dictate who to hire and who to fire? That's a bad business precedent. What would you do if you had customers complain that they didn't want African Americans, Hispanics, or women working for you? You may be headed down a dangerous path if you allow your customers are going to start calling the shots in your business.

Your employee is doing a fine job and frankly, everyone deserves a second chance. You're the "stand up guy" who gave him one. Looks like you should continue to be that guy.

[antrc170]

Putting the legal issues aside for a moment, are you going to let your customers dictate who to hire and who to fire? That's a bad business precedent. What would you do if you had customers complain that they didn't want African Americans, Hispanics, or women working for you? You may be headed down a dangerous path if you allow your customers are going to start calling the shots in your business.

If the customers demanded that he fire someone based on a legally protected class, then he should certainly deny that request. Terminating someone based on an unprotected aspect is something that any business owner should do. If you refuse to accomadate your customers, you'll soon be out of business. Listening to the concerns of the customers is absolutely a sound business judgement. Would you complain if you discovered the teller at your bank had a felony record? How about your childs teacher or coach?

I do applaud the business owner for hiring the man in the first place and overlooking the aspect of his criminal past. A better suggestion would be to address the complaining customers directly and explain that he has been given a second chance and has proved himself with excellent work. However, it's hard to put the legal issues aside as this is a legal forum and the OP came for legal advice.

[cbg]

The LEGAL answer is that while he may, he is not required to.

[LawResearcherMissy]

The LEGAL answer is that while he may, he is not required to.

Concur.

I am in agreement with Beth, here. The customer doesn't get to call the shots.

[Beth3]

Terminating someone based on an unprotected aspect is something that any business owner should do. If you refuse to accomadate your customers, you'll soon be out of business. Listening to the concerns of the customers is absolutely a sound business judgement. Would you complain if you discovered the teller at your bank had a felony record? How about your childs teacher or coach?

We have no idea what the OP's employee was convicted of and whether the customers' concerns are legitimate. Not having the full picture, we can't know what the OP should do and whether several of his customers are just being small-minded. The point I was trying to make is that the OP still has to live with himself at the end of the day. If his employee has "paid his dues," not re-offended, is curteous to his co-workers and the customers, and is doing a good job, then terminating him doesn't seem like the right decision, even if it's legal.

[wonderingaround]

Thanks everyone for there input. Not simply going to get rid of them at this time. Was just trying to get the legal aspects of it as this person does such a great job it is the only reason I have. I do fight for them and do think they have paid there debt and time to move on. The customers are just pricks to tell you the truth looking to cause problems so they have something to do in life. So I don't plan on getting rid of them at this time but if it comes to that just wanted to know how much it was going to cost me, hell I would be the worse one to testify in that trial as I all i could say is "Yep knew about it had no issue with it, my best worker but all of a sudden had and issue with it ".

Thank you everyone