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  1. #1
    Join Date
    Nov 2005
    Location
    denver
    Posts
    1

    Default Discriminate based on probation for traffic offenses

    I live in Denver, CO.

    Hello,

    I recently interviewed for a job and I was told at the end of the interview that I was hired. I was also told by the last interviewer that the other 2 interviewers (there were 3 interviews for this job) had mentioned that they very much wanted me to join their 'team' and that the interviewer who would have been my supervisor on the job thought I was the perfect candidate. I was very excited as I really wanted this job and I knew that it was a great opportunity for me to being a long climb back up the social ladder as I had just finished doing a one month sentence of electronic home monitoring due to a variety of non-alcohol related traffic/driving offenses. I was, at one time, a habitual offender - driving while under revocation/suspension.
    Immediately after being 'hired' I followed my new boss downstairs to fill out the customary paperwork and receive my employee handbook and talk about my schedule, etc.. My new boss asked me a few questions along the way. One was, "Are you now or have you recently been on probation for any sort of offense?" I answered 'yes' and told him I had just completed my sentence and that I would be on probation for the next 6 months as a result of traffic related 'crimes'. He then told me that he was really sorry because this hotel had a policy in place that prevented anyone who was currently on probation from being hired. He was genuinely sorry and so was I. I can understand why a company might have a policy like this in place but this sort of thing only hurts society as a whole in the long run. If I were a robbing, raping, thieving fraudster with a penchant for a little embezzling now and then and a record to prove it, I could understand. But my record has no criminal convictions save my two DURs. I am and have always been a model citizen. Is there any sort of provision in the law for me to seek any sort of recompense on the grounds of discrimination? I'm not looking for a cash payout, I just really want that job and would like to be able to force the hand of the person who could most likely make an exception to their policy in my case.

    FYI- I still have no job and figure that it's going to be tough getting a decent one until my probation expires, I'm really excited at the opportunity to be evicted from my home since I won't be paying rent anytime soon and becoming a desperate homeless panhandler. If these sorts of policies are in place to protect these employers from any unnecessary liability, what do they think happens to the people denied employment? Do we just disappear or do we become the sort that eventually find our way into the jails, shelters, welfare systems and other types of facilities at the expense of all the good people? Kick a man when he's down because otherwise you might not get another chance to kick him I always say.

    Jaded,

    thanks,

    egaus

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Discrimination Against Job Applicant On Probation

    I have not found any Colorado law which would prevent an employer (other than possibly a state employer) from declining to hire an employee who is on probation. That doesn't mean that no such law exists; you may wish to consult a Colorado plaintiff-side employment lawyer so you can get a definitive answer.

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