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  1. #1
    Join Date
    Nov 2012
    Location
    Las Vegas NV
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    3

    Default Can Employers Legally Refuse to Hire You Due to a Felony Record

    My question involves labor and employment law for the state of: Nevada

    Hello;

    I am a convicted felon, on a Federal Level. Not state or local..never been arrested, not even for this crime. I turned myself in when I spoke to the investigator and went to court and received probation and a fine. This was a few years ago. NOW...I have been actively looking for a job, applying to at least 30 jobs a week. I found one that was perfect. Did all the testing and everything. Then, it asked, are you a felon, please state truthfully. If you do not and we run the background and find it, you will be termed. So I disclosed it. It was a paperless, non victim, non drug, non violent crime. I received probation. YES I know it was wrong...but how does this effect my ability to answer a phone? So, they sent me an email saying, "Thank you so much for giving us the opportunity to consider you for our >>>>>>>>>>>>>>>> Inc. I wish I had better news for you, but unfortunately the conviction you listed on your application does not fall within our criminal conviction policy, and we cannot move forward with your candidacy."
    Now, since it is necessary for me to find a job, is this part legal? I worked in a law firm long ago, before my trouble I got myself into. Which, btw, was Misuse of SSI Funds. belonging to my mother. We did not discriminate against any felons. So how do I find a job if companies are allowed to do this? I see that convicted pedophiles get work and I cannot....just does not seem quite fair. PLEASE do not get me wrong, I realize I did a terrible thing. But I have paid for it, and so has my husband and child. Is there anything at all I can do here? Thank you in advance for any help and replies. Also, I am in no way, shape or form saying I DESERVE anything, I am just curious as to how this is legal.

  2. #2
    Join Date
    Dec 2009
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    not here
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    1,415

    Default Re: As a Felon, Can They Not Hire Me and Say That is Why They Didn't

    This is legal, for the simple reason that there are no laws against it. When convicted felons get hired, it's not because the law requires it, it's because employers choose to do it. You just have to hang in there and keep searching for that employer who will choose to hire you, in spite of your felony conviction.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    74,848

    Default Re: As a Felon, Can They Not Hire Me and Say That is Why They Didn't

    The EEOC has guidelines for employers, but note that they are to prevent discrimination based upon a criminal record from being used as a pretext for other forms of discrimination (racial, gender, etc.) - If your prospective employer has a flat-out "We hire no one with a felony record" policy, that is something the EEOC might be interested in reviewing.

  4. #4
    Join Date
    Nov 2012
    Location
    Las Vegas NV
    Posts
    3

    Default Re: As a Felon, Can They Not Hire Me and Say That is Why They Didn't

    Thank you both very much for the replies. I appreciate it. I will just keep plugging along. Again, thank you.

  5. #5
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Can Employers Legally Refuse to Hire You Due to a Felony Record

    It's quite strange that a place with a given criminal record policy wouldn't seek this info in the application process vs. letting you getting through testing, etc. before asking about it.

    Unless you worked in HR at this law firm you mention or had coworkers talking openly about their felony convictions, I'm not sure how you'd know whether the law firm had no problem hiring felons.

    Even if an application doesn't ask, if it's a place that you have reason to believe will do a background check, best to figure out a way to mention it in the initial interview process and "get ahead of it" so to speak.

  6. #6
    Join Date
    Nov 2012
    Location
    Las Vegas NV
    Posts
    3

    Default Re: Can Employers Legally Refuse to Hire You Due to a Felony Record

    Thanks for the reply. I found it odd myself that they let me go through 3 tests and such BEFORE they said the felony fell outside the realm of their hiring...I dont get what that means. Does that mean they hire violent, drug related felons which I am not one of? Thank you again

  7. #7
    Join Date
    Dec 2012
    Posts
    1

    Default Re: Can Employers Legally Refuse to Hire You Due to a Felony Record

    I got the same thing going on and it all happened in Nevada to. My charge and conviction was felony failure to appear in 2006. The original charge that I jumped bail on was 3rd DUI and I was walking the street when that happened. No sex,drugs or violence. No wreck no anything. And its caused me more grief in the last year then all the time since. And I'm just in the trades as an electrician.

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