Under NYS Executive Law 296.16, an employer may not ask about, or take adverse employment action based upon, an arrest where there was no conviction. This does not apply to arrests related to charges that are pending at the time of application. There is also an exception to this rule for application for employment as a police officer. The rule is same under Federal Law, except arrests can be inquired about if the arrest relates to conduct that is job-related . So, were the charges still pending when you completed the application? Is this a police officer job? Were the charges related to the type of job your applied for (i.e., charged with DWI but applying to be a taxi driver; charged with embezzlement but applying to be a bank teller; charged with child endangerment but applying to be day care worker, etc.) ? If you answer no to all of the foregoing, you may have a case and you should contact one of us who offers free consultations.
Attorney Lyder is correct, certainly. There may be an additional issue, as your employer may claim that they are terminating you for lying on your application.
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