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Empl. app. asked about a felony conviction within 5 years. I had one arrest and conviction in 1990. Can I be denied a job?

Southampton, PA |

The job entails retail furniture sales. I am almost 64 years old. In my life I made one mistake and am being denied employment. What are my options?

Attorney Answers 3

Posted

In PA you can be denied a job for any reason so long as it is not discriminatory. You could answer no to that question assuming the conviction is over 5 years old.
Good luck

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Posted

Yes. Pennsylvania is a very pro-employer state. An employer can terminate anyone ate any time as long as it is not based upon race, religion, sex etc. They can deny you employment in the same manner.

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Posted

As the one poster mentioned, your answer on the application should be "no," since you have not had a felony conviction within 5 years. That said, even if your felony was within the 5 year time frame, the EEOC has recently issued guidelines on this very subject. The employer would need to evaluate the type felony you had compared to the job the employer seeks to fill. If the felony has no bearing on the applied for job, then it should not impact your being hired without being considered discriminatory. Since you would be working in retail, the employer may choose not to hire you if the felony dealt with issues that could affect the public, such as violent acts, as an example.

Answers to questions on this forum do not create an attorney-client relationship.

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2 comments

Philip Douglas Cave

Philip Douglas Cave

Posted

Of theft, where employee theft can be a problem.

Karen Elizabeth Eichman

Karen Elizabeth Eichman

Posted

Agreed!

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