Legal Question in Employment Law in Georgia

I have worked as a temp for 5 years for a public school system in Georgia. They recently decided to give all the temps ID badges, but this required a background check. I did not lie on my application - I checked YES when asked if I ever had a felony, but I was hired anyway. I'm not sure if a BG check was performed at this time. When I went for the background check to receive the ID badge, I checked YES again when asked if I ever had a felony. Sure enough, a few days later, I was informed that I was to be dismissed due to the felony on my background (for statutory rape due to my girlfriend at the time being 16 while I was 20). The charge was over 10 years ago, I pled guilty, fulfilled all the obligations of my probation, and have stayed out of trouble since. Do I have any recourse for keeping my job? There is no formal policy against hiring people with felonies. Should I write a letter to the HR personnel appealing the decision? Is there a state law against firing people with backgrounds who have been exemplary in the job duties? Can this be considered discrimination?


Asked on 2/14/13, 3:39 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

There is no legal right or entitled to a job in Georgia, and employees can be terminated for any or no reason (except in cases of unlawful discrimination). Employees don't have to have "policies" to make employment decisions. People with felony convictions are not protected classes like race and gender. All employment decisions are "discrimination" of some kind. To be frank, with a rape conviction, a job at a school is probably not going to be a good mix. You can certainly try to keep your job, but you have no legal claim.

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Answered on 2/14/13, 4:53 pm


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