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| *Ostroff, Fair and Company>>>Law & Legal |
Can I deny employment to someone with violent misdemeanors? |
Our application only asks if the applicant has been convicted of a felony. I ran a check on an applicant and a bunch of misdemeanors popped up. The most serious was in 2005 but was dismissed and charged with a lesser crime and found guilty. Does anyone know the law? Would it be considered discrimination since we don't ask the question about misdemeanors? Is there a time frame we have to consider? California specific. Thanks. Are there other applicants that are better suited for the position? I think that would solve the problem. As for the law - check with your state's labor board - you should have all that information on hand anyway so you know your rights as well as your employees rights. Don't you have a Human Resources Dept? If not then you are it and you better educate yourself. I TOTALLY AGREE WITH M P. IF SOMEONE ELSE APPLIED FOR THE JOB AND THEY ARE QUALIFIED, HIRE THEM. I DONT KNOW THE LAWS ON MISDOMINORS BUT IF YOU DONT TRUST THE PERSON OR A WEARY OF HIRING HIM, DONT When you interview people do you make it clear that you will be making a background check? If you do, then there is no harm to tell the applicant that his background check was unsatisfacory. If you do not make this clear on background checking, then you must avoid answering that you are not hiring him because of the background check. A simple not being qualified will work. All applicants are not guaranteed employment in any state. |
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