Does my prior supervisor have to keep my felony conviction secret?

I was fired from my job when my supervisor learned I had a felony conviction. I have been working for a new employer for three years, and I just learned that my old supervisor will start working here too. I didn’t disclose my conviction when I was hired, but they also never asked. Does my former supervisor have any duty to keep my conviction secret? Can I be fired if my new employer finds out?

Steve Duggan replies:

Felony convictions are not private information. So, your old supervisor has no legal obligation to keep this information about you quiet, even though he found out about it at a former employer. Unfortunately for your situation, there is also no law in any state that I am familiar with that would prevent your current employer from firing you for having a felony conviction in your past.

Posted 05-02-2017

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.