I have applied at a college and when they did my background check, an arrest for Assault showed up. I was not guilty, and the charges were dismissed from the judge. The school is investigating this further but since they already offered me the job with a letter, since I am innocent and was only arrested, is it illegal if they take back their job offer????
2007-10-14 06:18:58 · 18 answers · asked by l'il mama 5 in Business & Finance ➔ Careers & Employment ➔ Other - Careers & Employment
This is a career working at a college, not me enrolling for school or classes.
2007-10-14 06:20:02 · update #1
Another thing, I did NOT go through an entire trial, the charges were dropped after I pled not guilty.....because it never happened. I was not proven innocent, I was innocent.
2007-10-14 06:33:15 · update #2
well u have to put urself in their shoes, working at a college means being a role model for students..and if u had an arrest for assault, of course they're going to investigate that..but if they find out that u were innocent then they should hire u with no doubts. But if they do take back the offer then they r very wrong for that...im not sure if its illegal or not..it shouldnt be though
2007-10-14 06:25:55 · answer #1 · answered by Anonymous · 0⤊ 2⤋
it is perfectly legal, campuses today are not taking any chances with the events that taken place recently, I am however kind of surprised that an arrest showed up it is not the same as a conviction and should not show in a typical background check. However if they used the national data base it will show up the arrest. There are some people on YA that will tell you that it is illegal not to hire someone with a conviction for anything, that is BS, the employers have the obligation to keep their employees safe and therefore is their right not to hire anyone with a conviction
2007-10-14 06:45:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, probably not. Many states are employment at will. Which means that the employer has the right to hire who they want and fire who they want, whenever they wish. Protected classes exempted, of course (that is, you can't not hire someone or fire someone for ethnic, religious, sex reasons).
You were arrested and the charges were dismissed. Were you tried and found innocent? A dismissal can mean that no-one would testify against you, there were extenuating circumstances, the police tainted evidence and you were non-prosecutable, etc. I would have problems hiring someone who was charged with assault, but not exonerated with a finding of innocent. From a liability standpoint, if the person I knowingly hired with a violent arrest record then assaulted someone on campus, the lawsuit against me would be a matter of me asking how much to write the check for.
2007-10-14 06:30:26 · answer #3 · answered by Dan H 7 · 0⤊ 1⤋
If you were not convicted and can prove this and if the employer had sent you a letter of intent to employe you it sounds like you may have a lawsuit if they do not follow through with there original intentions. If you were convicted they would not be obligated to hire you because of your prior past criminal record. Either way seek legal advice. Or contact your states labor department for the laws and guidelines.
2007-10-14 06:25:21 · answer #4 · answered by fraz 4 · 0⤊ 0⤋
If you were never charged, you have nothing to worry about.
Since you were not charged, I would look into getting that removed from your record. I had similar on mine. Ex-gf's mom drummed up false charges on me and stuck me with 3 felonies. Later the judge tossed them out and threatened the mom with charges. But it remained on my record, and every time a cop pulled me over or I applied for jobs, it came up. So I had it removed as I was never charged and it didn't belong there in the first place.
2007-10-14 06:23:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It's not illegal and the final decision will rest with the employer. I would do my own research though to find out why the dismissal charges was not also entered into the public record.
This will continue to happen until you resolve it
2007-10-14 06:23:33 · answer #6 · answered by G N A 6 · 0⤊ 0⤋
Yes them can not hire you and they're not supposed to tell the reason, they just need to say "no". The important here is, you should as fast as possible , try to clear your name according to the law. Search for a lawyer and talk to him, act now or you'll have to live with that problem for the rest of your life. It's possible to do it, as you're innocent, so go ahead and good luck.
2007-10-14 06:57:07 · answer #7 · answered by charlie 4 · 0⤊ 0⤋
Yes
2007-10-14 06:32:17 · answer #8 · answered by santu020304 2 · 1⤊ 0⤋
Federal, and most state, employment laws prohibit discrimination on the basis of race, sex, age, nationality, religion, marital status, sexual orientation, and physical handicap. It would appear that arrestees are not among the class of people protected by anti discrimination employment laws.
2007-10-15 05:02:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
not really beacuse a job has the right to decide who to hire beforehand my sisters husband went to the job and got it but the next day his criminal record showed up and had a minor infraction but wasnt given the job and now has to go to the army to clear it up
2007-10-14 06:22:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋