• 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.

Turned Down For Employment

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

skn56k

Junior Member
What is the name of your state (only U.S. law)? Minnesota

In 2007 I was issued a ticket for Damage to Property after punching holes in a wall at a party. It was a misdemeanor. No jail time or harsh punishments, it was a friends house and I only had to pay to fix the holes.

Today, I am being turned down for employment at a call center because of that ticket. They are not a huge company or employer. I would not be handling sensitive information or anything of the sort. A monkey off the street could fill this position.

I seek advice because a few years ago I was looking for part-time work at a local K-Mart and they turned me down for the same reason. Shortly after that, I received a check in the mail as part of a class action lawsuit against the K-Mart/Sears Corporation for discriminating against background checks.

Fair or unfair? Do they have just cause to deny me employment? Should I seek an attorney?


Thank you
 


eerelations

Senior Member
It is perfectly legal to refuse to hire you for this reason. Not what you want to hear but true nonetheless.
 

cbg

I'm a Northern Girl
I would love to see what law you believe exists that requires an employer to hire you.
 

skn56k

Junior Member
I would love to see what law you believe exists that requires an employer to hire you.
I did not believe that there was a law in existence that 'requires' an employer to hire me. I asked because of the class action lawsuit against K-Mart/Sears for discriminating on background checks. I was a little flabbergasted when they advised me I was being turned down as a result of that ticket. It had not even crossed my mind that that could interfere with me getting employed. It was a stupid night a couple weeks after graduating high school. I got a ticket and a ride home. Seems absurd to me that a company can deny you employment for something so petty.
 

Zigner

Senior Member, Non-Attorney
I did not believe that there was a law in existence that 'requires' an employer to hire me. I asked because of the class action lawsuit against K-Mart/Sears for discriminating on background checks. I was a little flabbergasted when they advised me I was being turned down as a result of that ticket. It had not even crossed my mind that that could interfere with me getting employed. It was a stupid night a couple weeks after graduating high school. I got a ticket and a ride home. Seems absurd to me that a company can deny you employment for something so petty.
Do you even understand what the case was about? It wasn't about them taking employment action based on background checks...it was based on their lack of properly notifying the person that such action was forthcoming per the FCRA.
 

eerelations

Senior Member
There are no laws prohibiting employers from denying employment to people with criminal records (including misdemeanors). Ergo, employers are legally free to do so as they wish.
 

Find the Right Lawyer for Your Legal Issue!

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