Can a criminal misdemeanor that is 20 yrs old be used to revoke a job offer
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Can a criminal misdemeanor that is 20 yrs old be used to revoke a job offer
Completed 2 interviews and was offered a
job. I was told during first interview a
background check and credit report would
be required and was asked if I would
consent and I said I would. I was asked
what would be on my background check and
I said only thing that would be on it
was a misdemeanor charge however the
charge was almost 20 yrs ago so if they
didn’t go back that far then it would be
clear. I was told that wouldn’t be a
problem. I signed consent for credit
report at 1st interview. At conclusion
of the 2nd interview I was given consent
form for background check and I signed
it. I was then told that as long as
background check was clear the job was
mine. I was scheduled to start the
following Monday. The day after 2nd
interview I was called to office and
told that job offer was revoked. They
said my background check hadn’t come
back yet but that they had connections
and ways of finding out anything. They
showed a black and white print out of my
mugshot and list of charges. It was
dated 2002 and this is 2019 They would
not tell me who or what their connection
was that gave them this information. The
results from background check I
consented to which they received at a
later date was clear. They revoked job
offer based on the 20 yr old misdemeanor
that I had previously told them about
and they had said wouldn’t affect
anything. And the information was
obtained from a source that they would
not disclose to me.
Asked on April 11, 2019 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
In KY, applicants need not disclose expunged records on an employment application. However, absent that, the state does not prohibit employers from taking arrests and/or convictions into account in their hiring decisions. Further, if you have been denied a job or fired due to your criminal record, there are certain federal protections that may cover you. For instance, federal law protects applicants and employees from discrimination in every aspect of employment, including screening practices and hiring. Since arrest and incarceration rates are so much higher for Blacks and Latinos, an employer that adopts an overall policy of excluding all applicants with a criminal history might be guilty of race discrimination.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they can revoke your job offer due to this. Employment in this country is employment at will: there is no right to a job, and employers may reject an employee for any reason that is not illegal discrimination. The anti-discrimination laws do not apply to criminal records: it is legal to "discriminate" or not hire someone due to a criminal record. If the employer finds out about a criminal record from any source, including you telling them or someone else passing on the information to them, they may refuse to hire you for that reason, just as they could refuse to hire you due to how you dress, your politics, the fact that you like (or don't like) "Game of Thrones," etc.--employers have near-total discretion in hiring.
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