Can I sue Employer for not hiring someone on Deferred Adjudication Probation?

Asked over 4 years ago - Waco, TX

I took a plea of Online Solicitation of a 15 yr old and now on deferred Adjudication probation. I have been offered close to 30 jobs in the last 4 yrs. I go through interviews, clients offer me the job pending background checks. Then usually a week or two later I get a mail saying I failed my background check, therefore they cannot hire me. Is that legal? My crime is not work related. I am the best candidate for the job. I am an outstanding probationer who made one wrong mistake in life. Now I am looking to see if I can sue some of these companies for not hiring me. Levine v. WalMart Stores, U.S. District Court for the Middle District of Pennsylvania, Case No. 4:08-CV-114. I am a minority. Can I use that in my advantage?

Additional information

Levine v. WalMart Stores, U.S. District Court for the Middle District of Pennsylvania, Case No. 4:08-CV-114.

http://hr.blr.com/HR-news/Staffing-Training/Background-Checks/Rejecting-Applicant-with-a-Felony-Conviction-Illeg/

Attorney answers (1)

  1. Michael Vincent Galo Jr.

    Pro

    Contributor Level 9

    Answered . Texas is an at will state. This means you can be fired for any reason not otherwise prohibited by law. Generally speaking at least, refusing to hire someone because that person has a criminal record, including deferred adjudication, is not a violation of the law. You may wish to consult a lawyer regarding whether the employer violated your rights with respect to the Fair Credit Reporting Act. The answer to this question would turn on whether you signed a valid consent form, whether you were given the results of the background investigation, and whether you were given an opportunity to be heard.

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