Background Check Question

I am currently working for a company for almost 2 years. I have complied with all fingerprint requests, self reported a 2nd degree misdemeanor (adjutication withheld) that occurred before working for this company, and spoke with a HR representative regarding my background (I was arrested in 2005 for solictation of a prostitute). The HR representative stated she would have to run my information through legal and get back to me (this was late July-early August 2006). She never did get back to me, so I proceed to work for this company from November 2005 to present. My paperwork was resubmitted when I went from part to full time position with the company. This time when my background information came back, they want to dismiss me. They called today to relieve me from my job and told me not to return. I know they will terminate.

Is it okay for them to do this? I have excellent work performance evaluations. There is nothing in my work history with this company for them to base dismissal. They had since November 2005 to discover this background information and never said a word. I have worked three different jobs for this company so paperwork is has been submitted three times. I currently have an "at will" contract for the school year. The only thing they can hinge on is the fact that I work with children, but I never broke any laws regarding children or according to the Jennifer Lumsford Act. I have worked with children the entire time I have worked for this company and now it is suddenly an issue.

They had knowledge as of July 2006 of my background. Why is it now an issue?

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.

You can perhaps argue that you relied on their approval or would have had a different job...