Monday, March 16, 2020

Attorneys: Felony convictions and employment?

Matt Tiry: That wouldn't work. Convicted felons are not a protected class and a felony conviction can be the basis for denying employment regardless of the crime or the job.

Davida Gisriel: Unless you work in Montana, you're working in an 'employment at will' state. The employer may fire you for any reason - or no reason at all. You, in turn, may resign for no reason at all.And there is absolutely, positively no compelling reason necessary for an employer to refuse to hire you. A felony conviction just makes it easier for them to say no.After all, they probably have applicants who *aren't* criminals.You wrote: "...I also suspect and believe (though I have no evidence) that employers have been sued on basis of discrimination..." Probably, but we're dealing in facts here, not speculation.Felons typically have to start back at the bottom and work their way back up.- Stuart...Show more

Christy Tirabassi: Discrimination in hiring practices is completely legal unle! ss the basis of the discrimination is due to the applicant being in one or more "suspect classes" -- race, religion, gender, and (for people over 40) age.Even discrimination based on suspect class can be legal if it's germane to the position -- a actress, a bathroom attendant, etc.Felon is not a suspect class....Show more

Jackelyn Archut: It might be found to be discrimination, but not illegal discrimination. Felons are not a protected class. It is perfectly legal to not hire any criminals at all, not matter what crimes they committed.

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