I applied to Amazon Flex in the Dallas TX market. They have rejected me for my past convictions.
I have read that "If a position pays $75,000 or less per year, criminal arrests and convictions that are more than seven years old cannot be included in a consumer report."
My past convictions from 2008 were listed on the report I and they received. I have had no convictions since then. They have specifically told me that I am not eligible for employment based on my convictions/driving record. I know my driving record is clean. What can I do?
Also, what does this mean in the FCRA?
"FCRA requires employers to send you certain notices if it decides not to hire or promote you based on the information in the CRA report."
Does that mean they are supposed to tell me exactly why they won't hire me? I'm confused. Do I have any rights at all for finding a decent job?
This is not actually a criminal defense question. It is a labor law or employment law question, and you will get much better responses from a labor/employment forum question. We in this forum do criminal defense. I hope that helps.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
This is not a criminal defense question. You should ask somebody who deals with employment or credit law.
This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Your communications with me are not protected by the attorney-client privilege since they are on a public forum and I have not agreed or even offered to be your attorney. No attorney client relationship exists or is intended to exist until I specifically state that a conversation is privileged. You may not agree with my answer and you may not agree with how I answer your question. I know that my bedside manner can be very abrasive to some people. However, if you decide to send me a personal e-mail to call me names or tell me where to shove things or tell me that I need to go back to law school because my answer doesn't comport with your google search, I reserve the right to publicize your message in any way I choose.
"Have I been wrongfully been denied employment?" is not a criminal defense question; it is an employment law question.
If you want to increase your odds at getting a competent answer then you should re-post this question and list either "employment law" and not "criminal defense" as a practice area. In fact I will do this for you...
In that way I hope that I have been helpful to you by properly re-directing your question.
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I wish this were a simple answer, but unfortunately not. More of an analysis would be required in order to determine if you were wrongfully denied employment. Generally speaking, employers are not prohibited from obtaining and using information regarding one’s criminal history in their hiring decisions. However, the inquiry does not end there. The real question arises in the employer’s application of its policies related to the use of criminal history information and the possible impact. If you think you were wrongfully denied employment, I would suggest speaking directly with an employment attorney. This inquiry requires more questions, more answers, and simply more information in order to give you a proper evaluation of the circumstances you present.
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