• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

denied employment for 1st offense dwAI?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dmm1104

Junior Member
What is the name of your state?NY
I was denied employment because I was asked on my application if I had any moving violations in the last 3 years. I answered yes, but after doing some research, it looks as if a first offense is a traffic infraction not a moving violation. When the HR person called they said I could not be hired because of my mvr, but now I am wondering if there is a difference in a traffic infraction and a moving violation? Did I just hang myself? Do I have any rights under NYS Human Rights law or Federal Laws?

If it is a moving violation how long can it be held against me for employment? This particular job involves driving, but NOT a company vehicle, it is my car I would be using!
 
Last edited:


Betty

Senior Member
Apparently you were not hired due to the info on the MVR - whether you want to call it an infraction or a violation. They usually remain on your MVR for 3 yrs. However, that does not mean some employers will not hire you with just the one infraction/violation on the MVR. (some may & some may not)
 

dmm1104

Junior Member
in reply

Apparently you were not hired due to the info on the MVR - whether you want to call it an infraction or a violation. They usually remain on your MVR for 3 yrs. However, that does not mean some employers will not hire you with just the one infraction/violation on the MVR. (some may & some may not)
Betty,
In searching online, I found them to be different, by law. I don't know whether it was the mvr OR the fact that on the application I answered Yes to having a moving violation, because I thought it was until I searched online. So, did my answering incorrectly on the application do it??? Was really looking to find out how, by law I had to answer that... since it is not a "moving violation".

Thanks for your input. I was told by some it stays on MVR for 3 years by some and 10 years by others.
 

Betty

Senior Member
Betty,
In searching online, I found them to be different, by law. I don't know whether it was the mvr OR the fact that on the application I answered Yes to having a moving violation, because I thought it was until I searched online. So, did my answering incorrectly on the application do it??? Was really looking to find out how, by law I had to answer that... since it is not a "moving violation".

Thanks for your input. I was told by some it stays on MVR for 3 years by some and 10 years by others.
You said you were told by a HR person it was because of info on the MVR. No matter what you answered on the application, if you were applying for a driving job, they most likely would have gotten a MVR. They would use the info on it re your driving history - if it showed anything within the past 3 yrs. (1st offense or not), their practice may be not to hire the person. I was an underwriter for an ins. co. & all the MVRs we got only gave info for the past 3 years.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top