Fired because of a criminal record? Learn how to protect your job

Introduction

Unfortunately, people are often fired for having a criminal record. Everyone these days seems to want a background check. This is a big concern for our clients.

If you have a job, there are two common scenarios that may apply to you.

1. You never told anyone about the record and the employer never asked.
2. The employer knows about the record, but is confident that it isn’t an issue.

Unfortunately, in both these situations there are risks. Many issues can arise that affect employment stability.

Reasons for being fired

These are some situations that could cause you to lose your job.

• The company goes out of business, and suddenly you have to find work.
• The company sells to a new owner, and the new owner requires background checks.
• A promotional opportunity comes up and the employer pegs you as the main candidate. The only problem is the role requires a record check.
• The company is changing insurance, and the new insurer asks for background checks.
• The company gets a big contract. Now, the contracting company wants background checks for everyone working on their project.
• The government changes regulations and says that everyone in your industry should have a clean record.
• The employer didn’t know about your record and someone decides to tell them, or they find out on the internet.
• The company decides they want to start doing business in another country and their employees need to be able to travel.
• The employer has simply been hearing about background checking and decides to start with current employees.

All of these scenarios can cause stress for employees. Even if the situation doesn’t happen, the worker never feels truly secure in their position.

How to keep your job

The good news is there are two key measures that can help you stay in your job.

Human rights

The first place to turn if you have been fired is human rights legislation. Keep in mind that the legislation varies by province and you may not be covered. One primary issue that most jurisdictions will consider is whether the job is related to the offence on your record. For example, if you want to be an accountant, but your record says you have been convicted of fraud, the employer likely has a justification to fire you.

Some jurisdictions will state that it’s illegal to discriminate on the basis of a criminal record, while others will state that you need a pardon or record suspension to be protected. Check with the human rights commission in your province or territory.

Human rights laws also prevent discrimination on the basis of a disability. You may have a good case if you were addicted to drugs or alcohol at the time of the arrest and this played a major role in your actions.

Pursuing these measures can be costly and time-consuming. You will have to prove that the criminal record played a direct role in the loss of opportunity. Even if you win, you likely will not get your job back and will have to look for another position.

Record Suspension

A Record Suspension seals your record so that employers can’t see it. There may be an exception if you require a Vulnerable Sector check. However, for most people getting a record suspension is like having a weight lifted. They no longer have to worry about what could happen and can start enjoying the benefits that their job gives them. They can strive for promotions and look for even better positions.

If you are tired of worrying about what could happen and want to start making things happen, contact us. We'll review whether a Record Suspension can benefit you and help you get started. Call us today at 1-866-972-7366.