Question: “Is there a law that a company cannot disqualify a candidate because of a felony charge?“ — Irma
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Not an easy subject for anyone however certain organizations have to have the mind set of “safety first”. There is no easy way to determine if a person will stay out of trouble given a second chance however the above is correct almost all organizations require a background check. I agree with toadsony in the sense that ex felons are some of the hardest workers in the world because they have grown an appreciation for “opportunity”. Those of us who haven’t gone through the stress of not being able acquire a position because of a mistake made in the last 10-20 years sometimes take our work for granted. Yes you can disqualify a candidate for being a felon if on your application the question has been asked have you have been convicted of a felony and they answer no. This would be considered falsifying their application. However if they are honest the organization will determine their own policy as to if they will hire a felon or not. This is up to each organization to create their own policy. The reality is as we are all taught growing up we pay for our mistakes in our future. This one holds true. You break the law, go to prison, and find yourself with a felony conviction you will have a difficult time in finding a solid position.
this is to concerned who's comment was "stop breaking the law" Lots of us have stopped breaking the law a long time ago, but that doesn't mean we can get a job. For example. I was convicted of burglary over 10 years ago and have stayed out of trouble. I still cannot get a job, especially in this economy to save my life. I have not however gone back to breaking the law. And I wont because that's how I got into trouble in the first place. It's ignorant people like you who don't give people a second chance that need to be put out of work for awhile to see how it is. Most ex felonsI know work harder than people who don't have a felony. And also it's a statistic that 70 percent of people steal from their companies. That just means they haven't been caught so they are therefore bad employees and should have a felony also. Wake up.
law was in Hawaii went into law July 1, 2009
stop breaking the law
To Fellow Admin Assist-Companies also need to keep in mind that a Felony Deferred Adjudication is NOT a conviction and if on the application it states have you ever been convicted the applicant appropriate answer would be “No” because if the person completes the requirements of DA they would not have a conviction on their record. The arrest would be there but not the conviction. Not all states allows for credit history checks to be considered as part of their employment screening. There are laws about hiring convicted felons for certain type of positions but you would have to check with your State. And from expereince, just because someone has a clean background does not nessary mean theywould not steal it may mean they just have not been caught yet.
There is NO LAW that says this. It is only company policies.
I’m not sure. You should check with your state’s employment guidelines.
In Hawaii, it’s illegal to use credit history (including bankruptcy) to deny someone a position. Folks might want to check the laws in their own states.
Yes. Employment applications ask if you have ever been convicted of anything other than a minor traffic violation – yes, this is legal. If you lie and they find out you will be disqualified or can be fired later if found out after hire. I don’t know any employer that does not require a background check/investigation including a credit check. These clearly state that this type of info can be used to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which you are being evaluated. Example – you’re not going to want to hire someone who robbed a bank to handle your company money or someone with poor credit could be considered risky because you don’t know what extremes they may be tempted to take to help themselves. Or you don’t want to hire a registered *** offender to work at your school. It all depends on the position they’re applying for and for your company to carefully evaluate if there may be a risk involved.
It will depend on the type of position the felon applies for, and the state s/he lives in. If there is a “rational relationship” between the person’s background/history and the position applied for, a company may have adequate reason to deny that person a particular job. Here’s two examples: 1. A person has a history of DUI charges, and is applying as a driver. 2. A person has a history of theft and is a applying as a bank teller. My suggestion: Get some legal advice.
Note, a felony charge (indictment) is not the same as a felony conviction. It is not legal to ask a candidate about ever being arrested or charged. Depending on the job and the work location, it can be appropriate or even legally required to bar a convicted felon from employment.
Absolutely, especially in certain fields such as retirement communities, schools, etc. I know for certain they have a no felon policy — no exceptions. This is for the safety of everyone!
It would depend on the type of felony and conviction or if you have received deferred adjudication. Did you receive a felony deferred adjudication, felony probation, a straight conviction and how long ago it occurred. If felony deferred adjudication have you completed the term, if so then I would speak to an attorney for a notice of non-disclosure that would assist in certain employers not having that information and you not having to list it on an application. Medical, schools, Law enforcement/legal type positions yes they can deny you employment based on the face you have a deferred adjudication or a straight felony conviction but I would check with the state you reside in.