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Hiring a felon in north carolina

Charlotte, NC |

Good Evening,
we live in the state of North Carolina and my husband is a felon he had 3 different interviews for the same company on the 3rd interview he was asked to come take his drug test for the job. maybe about 2 months after the drug test he was sent a letter stating he didn't get the job because of his background check... but these charges were listed on his application before he even had a interview...In North Carolina can a company that hires felons not hire you because of your background. they even let people do community service, they hire murders, robbers etc.

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Attorney answers 2


The Equal Employment Opportunity Commission updated its policy for the first time in 25 years. Your husband should be considered for any job where the reason for his criminal record has nothing to do with the duties of the expectant new job. If the employer can make a Strict business necessity defense (or if the job vis-a-vis the allegation doesn't pass the 'smell' test) then the job will go to another. A bus driver with a bad check - OK. An arsonist at a day care center - NG. Money laundering drycleaner - OK. Money laundering private banker - NG.
Good Luck.



Different employers will have different rules. Some employers may also contract with workers where the worker consents to dismissal if charged or convicted of a felony.

I am dealing with a slightly similar case where an employee was terminated after she had already had a background check and then later decided to terminate her based on the background check several months later.

A lot is going to have to do with rules in the business and public policy issues. You need to talk to someone about this - as it can get very tricky based on what the facts might show.

Any information is provided for educational purposes only. No attorney-client relationship exists between any person reading this information. No warranty, express or implied is provided. If you have a legal matter is important to contact an attorney who is licensed in your state. Many attorneys provide free initial consultations.

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