Canan employer refuse to hire you based solely on the fact that you have a felony conviction?

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Canan employer refuse to hire you based solely on the fact that you have a felony conviction?

I applied for employment and answered the questions honestly every one of them including the one that asked of me if I had been convicted of a felony. I answered “yes” and gave the details of the crime in which I was convicted. After waiting 2 1/2 hours I was finally called to the back room where the interviewer took my application looked directly at the above mentioned question and told me that based solely on the fact that I had been convicted of a felony they could not hire me. The conviction was from 5 years ago.

Asked on November 11, 2010 under Employment Labor Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Yes, an employer can use his or her discretion in hiring employees with regard to convicted felons.  It could depend on their compliance with the laws that govern their business.  It could do with their insurance coverage.  It could do with their just not wanting to hire you.  But it is a rare case that makes it discriminatory and therefore against the law to reject your application here.  I know that it is a tough thing to deal with and it may only be the first of many times.  Try and see if there is any job counseling service that can help you.  Many employers do not care about hiring felons and believe in starting fresh.  Good luck.


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