I worked for a contracting company that worked for another company. An opening came open for that company doing the same job I had been doing for 3 months. They offered me the job, but when they got my back ground. I was told that I was not allowed on property as employee or contractor because I have a felony. If I never applied to job I would still be working there. The kicker is there are employees with felonies working for company.
An at will employee can be hired and fired for any reason or no reason. There is no requirement that an employer treat employees the same, so long as the different treatment is not a result of illegal discrimination (sex, religion, etc.) It is not uncommon for construction workers past to be discovered if they are required to work on a federal project which requires security clearances. FYI - Missouri's new expungement statute just went into effect, making it much easier to expunge old convictions.
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Mr. Freeman is correct as usual. Discrimination isn't illegal - only illegal discrimination is illegal. Don't you love how we lawyers talk in circles? What I am referring to is the fact that discrimination is only illegal if it is based upon the person being a member of a protected class. The protected classes are based on race, age, sex, religion, national origin or disability. Criminal background status is not a protected class so an employer can choose to not hire you based upon your prior conviction.
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