I'm applying at Burger King at the moment, and I notice that it's asking me about my criminal past. However, for what I understand, if it has over 15 employees, it's illegal for it to ask me about my criminal past. I want to report the company. How do I do this? I tried to find information online, but I couldn't find any.
As Mr. Cameron correctly states, it depends. If they have offered you a job on condition of passing a background check, in most cases, that is lawful. If this is your initial application, then this may be a problem. You can either politely point this out to them, contact DOL, or call a lawyer.
This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
"Ban the Box" laws typically require that employers consider a job candidate's qualifications first, without the stigma of a criminal record. If you are still in the pre-offer stage of the hiring process and feel as if your rights have been violated, contact an experienced employment lawyer for a consultation.
My response does not create an attorney-client relationship. I am providing general information only, not legal advice. In responding to questions, I provide competent legal information but am not applying my legal knowledge or skills to resolve or advise on your specific factual circumstances described in the question, such as by proposing a specific course of action (other than asking the user to seek the advice of an attorney licensed to practice in the relevant jurisdiction).
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