Legal Question in Employment Law in Minnesota

On June 15, 2010 I was charged with felony 5th Degree Sale of Marijuana in Polk County, MN. I served electronic home monitoring and am currently on probation and in good standing with my probation and the courts.

However, my problem is that I've found it next to impossible to find work because of that wonderful little box on job applications that ask if you've ever been convicted of a felony while assuring you that checking yes will not bar you from employment; a bigger lie than Santa Claus.

I am just wondering if there is any way to sue an employer for discrimination for not hiring me solely on the basis of being a convicted felon. I recently submitted an application and resume to a car dealership who seemed very interested in me until they spoke to me about my felony. They told me on the phone as well as sent me an e-mail that they would not hire me solely because of this conviction.

This event as well as many other similar experiences just seem to be a ridiculous and unnecessary level of discrimination, and I would appreciate any advice as to how to do something about this legally, possibly through lawsuits as I won't be able to seal my criminal record until 2014. Thank you for your time.


Asked on 3/28/11, 2:45 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

2 ideas:

1. Start your own business . Anyone (felon, illegal immigrant,etc) can set up a MN LLC and start doing business.

2. Move to a state (like Calif. Or Alaska)

where MJ is more widely accepted and your record may not stigmatize you.

MN nice aside, when you get right down to it people in MN like their employees well educated and crime free.

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Answered on 3/29/11, 7:25 am


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