Legal Question in Employment Law in Pennsylvania
Last week I went for an interview for a job. During the interview I had to fill out an application since I applied using a resume. On the app it ask about previous criminal record. I ask the interviewer if I was to include misdemeanors he said no but I can be honest and write down any trouble. So I wrote down that 2 years ago I was charged with underage drinking and small amount marijauna 1/100th of a gram. I then explained to him what had happened that night (the burned paper remains of a joint)found on my car rear floor under the seat was the marijauna charges and the underage the cops never even blood tested me for but I pled guilty just to get ARD and have my record clean.It took until this year to get through the courts and approve me for ARD But the charges were not recent at all they were from 2008 He told me he would do a background check and call me. So today a week later I got the call I had gotten the job BUT only if I consent to a PRIVATE contract with them to drug test once a month and I have to go on my own time and I have to pay out of my check 82.00 for the test each month. I really need the job but d*mn these charges were 2 yrs ago and I don't feel this could be legal. A private contract for what reason I am not a drug addict busted with tons of drugs. Please tell me if this is legal for them to do to get a d*mn job. I read online that a company has to follow their policies for every employee and not signal out any one with a different policy.
2 Answers from Attorneys
Yes they can do that.
But since you got ARD that means you DID NOT plead guilty, which means you have NO conviction, so you shouldn't have said anything. That's the point of ARD. No convition.
Your rights may have been violated. There is a little known statute in PA that prevents employers from discriminating on prior criminal records if the crime has no relation to the job. Feel free to call our offices to discuss.
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