Legal Question in Business Law in Pennsylvania

Employment With A Criminal Background

I have a recent criminal conviction (two years ago)- for criminal trespass, and for invasion of privacy. I tried to get a job recently, and the council for the company withdrew a job offer based on these offenses turning up in a background check of my history. The job was an inside sales position. It involved only talking to customers on the telephone, and buying their annuities. My offense is embarrassing and sexual in nature. But I don't feel it had anything to do with the job I was applying for(incidentally, my victims were male adults). Do I have any recourse? What can I do? Am I condemned to be out of work because of one stupid thing I did? I am in therapy, and other than that I have good credit, driving record, and no other offenses. What can I do?


Asked on 8/22/06, 11:01 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Employment With A Criminal Background

You asked about finding employment with a recent criminal history.

Employer's are completely within their rights to discriminate against criminals. In many cases potential employees fail to disclose criminal convictions, financial issues and other embarassing information. Unless the information demonstrates discrimination based on a protected class then employer's are able to act with impunity. In many cases the employer must discriminate in order to protect itself against potential harm to other stakeholders. And especially so in cases where the crime was sexual in nature.

The solution is to bring the matter up at the right time in the employment process. It MAY not be necessary to _fully_ disclose at inception (such as filling out an application). You could simply disclose that yes, I was convicted of a felony. Later you will need to disclose fully and at that time explain the circumstances and the resolution. It would also be helpful if you could get letters of reference from your victims (do not forge these because they will be checked). Many employers are willing to work with persons with criminal histories where the employee has demonstrated and the company feels that there is no danger in doing so. It's your job to prove that your are not a liability.

Good luck.

Regards,

Roger Traversa

email: [email protected]

Read more
Answered on 8/23/06, 12:32 am


Related Questions & Answers

More Business Law questions and answers in Pennsylvania