Legal Question in Employment Law in Pennsylvania
Employment Denial
Recently I was denied employment due to a DUI charge I received in February 2009. The charge does not have anything to do with the job I was being hired for and I have never had any prior charges of any kind brought against me. Can they legally deny me employment for this charge and, if they can, how am I supposed to get hired for a job if employers can deny me employment for making a mistake. The fact that I received a DUI does not diminish my skills as a manager, it just means I made a dumb mistake and am willing to pay the price for it. I received a lighter punishment for having no prior record or charges and I don't have to do any jail time so how can they deny me employment?
1 Answer from Attorneys
Re: Employment Denial
In the absence of a contract - union or otherwise, and one of several federal or Commonwealth statutes covering traditional discrimination, an employee can be fired for good reason, bad reason, or no reason at all.
If you had a case under the present state of the Law, lawyers would be tripping over themselves to help a nice person like you who made a forgivable error in driving loaded. But you don't. It would be different if you job was a public sector position in which you may have had a property interest.
Generally, Employers own your very blood. Employers can make you urinate into a receptacle and watch while you do it. They can make you work late when your kid is in the Championships.
I regret that we lawyers allow the general public to think that its members have significant rights when they walk through an employer's door.
For $50 your local employment or labor lawyer could conduct an examination of statutory or equitable principles which might pertain to your case based on information outside the scope of your question.
Good Luck.
TV
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