QUESTION
Is being arrested enough to be denied a job because of a background check? How?
Asked on Jun 18th, 2015 on Labor and Employment - Wisconsin
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 2004 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?
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can be denied a job on an arrest record, or for any other reason, although technically you did NOT have a record or conviction and did not give any false answer.
Answered on Jun 18th, 2015 at 9:30 PM
such matters are governed by company rules and policies, and not by the law. Therefore, you have not asked a question that may be answered, based on law. Generally, employers may discharge (or not hire) for any reason, even a bad or wrong reason, so long as they are not motivated by the EEOC grounds: Race, age. sex. national origin, religion, handicap. If it is not on that list, it is not prohibited.
Answered on Jun 18th, 2015 at 2:45 PM
You should contact an attorney to discuss if and how you might address matter.
Answered on Jun 18th, 2015 at 2:44 PM