QUESTION
Is being arrested enough to be denied a job because of a background check?
Asked on Jan 20th, 2011 on Labor and Employment - Florida
More details to this question:
I recently did a live scan background check for my city to become a basketball coach. I was denied because they said I failed to admit my record. The question on the form was any convictions. I have never had a conviction. In 1994 I had a lewd conduct that was dismissed. The lady for the city said I lied on application and the dismissal did not matter. They checked the penal code and decided what I was arrested for was enough to deny me. Can they do that? Am I guilty even though the courts dismissed the case?
1 ANSWER
Employment Litigation Attorney serving Fort Lauderdale, FL
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Donna M. Ballman, P.A.
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Unless people of a different race, age, sex, national origin, etc. were employed with similar arrests in their background, you're probably out of luck. In Florida an employer may deny employment at will unless it's an illegal reason like discrimination.
Answered on Mar 10th, 2011 at 4:45 PM