Chicago, IL asked in Employment Law for Illinois

Q: I was working for a company for over a year And they fired me for something on my background that was over 5 years ago

I have been a driver for Lyft over a years now. And they fired me for something on my background that has been on there for over five years now. When i first started they did a background check with a company Call Checker over a year ago i was good to drive and another sometime in the middle of the year everything also was clear and then recently did another one mind you with the same company and i was fired. If i would of know there where gonna have me work and then fire me a year later i would have pursued other sources of employment and never have wasted my time at that company.

Related Topics:
2 Lawyer Answers
Ethan White
Ethan White
Answered

A: Sorry to hear about your situation. Keep in mind Illinois is an "at will" employment jurisdiction, meaning your employer can fire you for any reason or no reason at all. Thus even if your employer was wrong or unfair about background check, the firing is likely still legal. I hope that helps.

Cynthia Pietrucha
Cynthia Pietrucha
PREMIUM
Answered
  • Downers Grove, IL
  • Licensed in Illinois

A: I'm sorry to hear about your experiences with Lyft, but please understand you are likely not an employee but rather an independent contractor. Employees vs. Independent Contractors have very different legal rights, as most local, state and federal employment laws only protect bona fide employees.

If you feel like your arrest record or background check was illegally processed, consider reaching out to the Illinois Department of Human Rights (IDHR). The IDHR investigates charges of Employment discrimination filed against private employers, state or local government, unions and employment agencies. Your deadline to do so is very short, so please be advised you should take immediate action to preserve any legal rights.

See:

https://www2.illinois.gov/dhr/FilingaCharge/Pages/Employment.aspx

Otherwise, consider looking at similar services like Lyft - such as Uber, UberEats, DoorDash, GrubHub, etc. You might qualify to provide services for non-Lyft companies depending on the driver standards with other entities.

Wishing you the best.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.