I failed a background
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I failed a background
I failed a background check to work
in a nursing home in Washington
state. It said I couldn’t work
around minors and elderly at risk
because I was arrested for selling
marijuana in new York in 1988. Is
there anything I can do about it?
Asked on December 30, 2018 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An employer can chose not to hire you based on any criminal conviction; they have wide discretion based on an applicant's criminal history. The fact is that most work relationships are "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination, which does not appear to exist in your situation).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, there unfortunately there is nothing you can do about this. Employent in this nation is employment at will: employers may choose to not hire anyone for any reason not specifically prohibited by law (e.g. they can't refuse to hire due to someone's race or religion), and there is no law saying they can't refuse to hire due to a long-ago misdemeanor.
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