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Do I have a case if I was denied a city job because I was wrongfully terminated of my previous job of theft?

New York, NY |

I was falsely accused of theft from a previous employer which I was arrested but as I always knew not only was my case dismissed because I didn't do anything wrong, I also won a civil judgment against the city for false arrest and malicious prosecution. Can they hold this against me because of the maliciousness of what a previous employer did to me ?

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Attorney answers 4


No, it should have no bearing on a hiring decision.

Answers to questions posted on the AVVO website as well as content contained on The Sanders Firm, P.C., website is intended for informational purposes only. Nothing in such answers or the content contained on The Sanders Firm, P.C., website is to be considered as either creating an Attorney-Client relationship between the reader and The Sanders Firm, P.C., or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such legal advice in consultation with a licensed Attorney.



Thank you for your input, I greatly appreciate it

Eric Sanders

Eric Sanders


Sure anytime. Remember, if that does occur you may have a cause of action for Arrest Discrimination under New York State and New York City Human Rights Law. Although not specifically enacted, the same theory may be asserted based upon race under Title VII.


Repost in employment law

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


How do you know the reason you were denied?

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


This is not a criminal law question, but understand that a dismissal, or even a finding of not guilty, is not the same thing as a finding of innocence. OJ was found not guilty but liable in the civil case. It would be my guess that you were denied a city job because you sued the city, not because of your being accused of theft. Speak to a labor lawyer or the lawyer who handled your suit against the city.



Thanks for your input. So in other wards if I person gets arrested but not convicted that person would always have a "hiccup" on their reputation just for being arrested ? How would a person have a finding of 'innocence' then if they are arrested ? Thank you,.

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