3 ms·
"However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in qu
by sanj 12y ago
"However, an employer may make an employment decision based on the conduct underlying an arrest if the conduct makes the individual unfit for the position in question."
Which is more than enough wiggle room.
- byoung2 12y agoTrue. If you are truly innocent of the crime, you should have a good case to get the arrest record expunged (e.g. arrested for a case of mistaken identity and the charges are dropped). If there is enough evidence that you can't file a motion to dismiss, and the case goes to trial, then I suppose you have some explaining to do. The employer might be justified in denying employment if you engage in behavior that results in arrest (e.g. you are a known gang member arrested in a sweep, and later released or you were caught joyriding and the owner decides not to press charges). In this case, the arrest is not the reason for denying employment, your behavior is.
- deleted 12y ago[deleted]