Legal Question in Employment Law in Kentucky

I was just denied a job at Rite-Aid based solely on a conviction from 25 years ago is there anything I can do?


Asked on 11/03/10, 3:47 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

If that charge was a misdemeanor, you might be elligible to have it expunged from your record. If it was a felony, then no.

If you're asking whether you have a cause of action against Rite-Aid for denying you employment based on your criminal record, then no. Employers can hire or fire whomever they wish, for whatever reason, provided it is not discriminatory or otherwise prohibited under the law (or there's no union contract in place saying otherwise).

I would suggest in future job applications being very forthcoming about the charge and really emphasize what steps you've made to rehabilitate yourself in the past 25 years. It's a tough job market, so you'll really need to sell yourself. Even so, some companies may have a blanket policy about not hiring anyone with a record, no matter the circumstances or how long ago it was.

It seems ridiculous to punish someone for mistakes made a lifetime ago. Even the legal profession is more forgiving of past mistakes. You could probably still go to law school and sit for the bar exam, although that definitely won't help you land gainful employment. Seriously, good luck in your job search and I hope you find an employer who appreciates your potential and overlooks mistakes that happened a quarter century ago.

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Answered on 11/10/10, 2:21 pm


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