Legal Question in Employment Law in Virginia

Can I be denied a job do to my criminal record?

I applied for a assistant manager postion at Spencer Gifts in my local mall and was denied the position after they did a back ground check when I asked why they did not give a answer to exactley what stoped me from getting the position they just said that there was a few things on my criminal record and it was not any traffic violations. I intern contested it and told them that there are 4 misdomenors on there that where dismissed and 2 where not prosaquted. They told me to fax them a leter from the court and they would get back to me and they never have. This was last week. I just wanted to know can they deny me the job based on dismissed charges that are not even relatecd to the position 1 assult and battery 1 attempt assult and battery both not prosaquted 1 cuse and abuse in public and 1 destruction on property both dismissed.


Asked on 7/10/06, 1:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can I be denied a job do to my criminal record?

Yes, In the Commonwealth of Virginia, an employment at will jurisdiction, a prospective employer considering a job applicant with the kind of background which you've described can refuse to hire such a person for about any reason they choose as long as it doesn't violate one of the protected categories(race, age, sex, etc.,) under federal antidiscrimination law.

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Answered on 7/10/06, 1:13 pm


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