Legal Question in Employment Law in Pennsylvania

Criminal Records & Applicability

I was recently hired by a telephone call center only to have the job offer rescinded after they discovered two misdemeanor charges, Possession of a Firearm on School Property and Endangering the Welfare of Children. I explained to my would-be employer that both charges arose after I accidentally discharged a handgun in a high school parking lot and that I received only probation. Additionally I informed them that under PA state law an employer could discriminate based on criminal record but only to the degree to which it applied to the job in question. As I wasn't required to carry a firearm and I wouldn't be supervising children I felt that their right to rescind the job offer was invalid. I even went so far as to provide them the web link, which discusses the law, i.e., http://www.clsphila.org/Your_Employment_Rights_to_Not_Be_Rejected_Based_Upon_Your_Criminal_Record.htm

Despite this I was informed that corporate policy precluded my hiring and that was final. Is this employer in violation of the law and if so what do I do?


Asked on 11/28/04, 2:39 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Criminal Records & Applicability

Pennsylvanai is an at will employment state. The only way you would have a case is if you informed them of the charges and they told you "No Problem" and that as a result you left another job or turned down another opportunity in reliance. I offer free consultations

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Answered on 11/28/04, 6:07 pm


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