Legal Question in Employment Law in New Jersey

Wrongful Termination

According to the EEOC & DCR policy prohibits the use of arrest or conviction redords as an automatic bar to employment. As stated in the June 2000 edition of looking out for your rights (lsnj.org). I was hired by a temp svc. to fill data entry & customer svc. positions. During my last assignment a background check was done. The FBI told the bank that I had been arrested & found NOT GUILTY. The bank in turn told the temp svc. that I had been arrested & convicted. I have a memo on comany letter head signed by a MGR. that specificaly states that I was released as the result of this background check. I also have the circuit court documents that that show the dispositions as NOT GUILTY. I filed a complaint with the EEOC & DCR however they've elected not to observe there policies in this matter. What should I do?


Asked on 12/20/01, 11:50 am

2 Answers from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: Wrongful Termination

First, you should get your record expunged. That will prevent this situation from ever happening again. Please call me to dicuss that.

Second, I will have my partner, Kevin Costello respond to your employment question when you call.

856-428-5055 or 800-416-2790.

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Answered on 12/20/01, 12:21 pm
Evan Levow Lutz, Levow & Costello, P.A.

Re: Wrongful Termination

the EEOC and the Division of Civil Rights cannot make law. What they say is at best persuasive and nothing more. So there is no law in NJ that says someone cannot be "not hired" on the basis of arrests, etc. This would be especially hard to win when the job involved is one which involves the handling of money and implicates character and trustworthiness issues.

Please call if you have further questions.

856-428-5055

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Answered on 12/26/01, 12:43 pm


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