Applied for employment and they came back and said I have a record. They won't hire anyone with one. I was desperate and wanted to prove this was wrong. In order to get this employment, so I paid $100.00 for fingerprints, and a CT state police public safety background check on my prints. It came back ..."no record"!!! Since then...they've hired their kids friends and others with records?!? My wife and I can only assume, as on the public CT judicial case look up website...my cousin, with the same name, and birth year came up. We believe that's how they did a "background check". Is this legal?
There's nothing illegal about a potential employer refusing to hire anyone for any reason other than a discriminatory one. You have no right to that job.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
I'm not sure if you are asking if your conduct or the enployers actions are legal? The employer is entitled to refuse employment to whomever they choose; so long it is not based on discrimination of a "protected class" (race, religion, sex, sexual orientation, etc.) or even suspect classification (illegitimate children, etc.). It is their right as a private employer to choose their employees as they choose so long as it isn't discriminatory against one of the suspect classss. Whether or not YOUR conduct is illegal depends on whether you swore under pains and penalties of perjury on your application that you had no record. That the background check came back incorrect wouldn't actually protect you, if they can show you were aware, or should have been aware of your conviction, and you lied on your application about your status as a convict. If that's turns out to be the case and they discover the mistake you would be on the hook for perjury. So I would be very careful not to call any attention to myself (say by hiring a bunch of other convicts) and know that you presently hold that position through dishonesty, deception, and dumb luck. If there was no oath on your application you will simply be fired if they find out and lose an employment reference. Ether way; the employer is within their rights to demand that their employees don't have felony records, and you are not within your rights to take advantage of a clerical error to hoodwink the employer. Again, especially not if your employment application required you to swear the answers were accurate to the best of your knowledge under the pains and penalties of perjury.
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