Is it illegal for a company to NOT hire because of an arrest record?? Help me!!?

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I have applied at a college and when they did my background check, an arrest for Assault showed up. I was not guilty, and the charges were dismissed from the judge. The school is investigating this further but since they already offered me the job with a letter, since I am innocent and was only arrested, is it illegal if they take back their job offer????
This is a career working at a college, not me enrolling for school or classes.
Another thing, I did NOT go through an entire trial, the charges were dropped after I pled not guilty…..because it never happened. I was not proven innocent, I was innocent.

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  • will not having a record help me in court
  • will publix hire you with a dropped charges on record
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  • not hired because of theft arrest
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20 Responses to Is it illegal for a company to NOT hire because of an arrest record?? Help me!!?

  1. singersuperstar4511 says:

    no unless they did it for a rascist reason./

  2. Nesse says:

    Yeah. They can not hire anyone they want for any reason.

  3. bic says:

    yes they can take the job offer back. especially if you lied on your application.

  4. Ethan S says:

    i think so. its thir business and they hire who they think is acceptable.

  5. mattf92 says:

    if they dont want you working there becouse your a bad girl than they can strait up tell you that. But if you are being a bad girl than you need to go to my room. Your gettin a spankin;)

  6. wanderer says:

    not really beacuse a job has the right to decide who to hire beforehand my sisters husband went to the job and got it but the next day his criminal record showed up and had a minor infraction but wasnt given the job and now has to go to the army to clear it up

  7. smelly pig says:

    yes no because they already offered it to you

  8. G N A says:

    It’s not illegal and the final decision will rest with the employer. I would do my own research though to find out why the dismissal charges was not also entered into the public record.

    This will continue to happen until you resolve it

  9. wcanoodle says:

    See if you can get this record expunged (erased)?

    Most job offers are "at will" hiring…so they can hire or fire without any reasons…depends on the state laws…you almost have to be perfect to get a job now adays…no health problems..young…no court record…no bankrupcies…etc, etc..

  10. Tapestry6 says:

    I am not sure what you are asking.. did you lie on your application?
    that would give them cause to not hire you.
    Did the application ask if you ever been arrested? or did it say were you ever convicted of a felony or misdemeanor?
    Did you tell them the truth.
    If they offered you a job and you didn’t tell the truth on the application your the one that did something illegal.

  11. Quiet.Buck says:

    If you were never charged, you have nothing to worry about.

    Since you were not charged, I would look into getting that removed from your record. I had similar on mine. Ex-gf’s mom drummed up false charges on me and stuck me with 3 felonies. Later the judge tossed them out and threatened the mom with charges. But it remained on my record, and every time a cop pulled me over or I applied for jobs, it came up. So I had it removed as I was never charged and it didn’t belong there in the first place.

  12. fraz says:

    If you were not convicted and can prove this and if the employer had sent you a letter of intent to employe you it sounds like you may have a lawsuit if they do not follow through with there original intentions. If you were convicted they would not be obligated to hire you because of your prior past criminal record. Either way seek legal advice. Or contact your states labor department for the laws and guidelines.

  13. Erika-Zola says:

    well u have to put urself in their shoes, working at a college means being a role model for students..and if u had an arrest for assault, of course they’re going to investigate that..but if they find out that u were innocent then they should hire u with no doubts. But if they do take back the offer then they r very wrong for that…im not sure if its illegal or not..it shouldnt be though

  14. I'm just a Bill says:

    if you were the employer, would you want to hire you???

  15. Dan H says:

    No, probably not. Many states are employment at will. Which means that the employer has the right to hire who they want and fire who they want, whenever they wish. Protected classes exempted, of course (that is, you can’t not hire someone or fire someone for ethnic, religious, sex reasons).

    You were arrested and the charges were dismissed. Were you tried and found innocent? A dismissal can mean that no-one would testify against you, there were extenuating circumstances, the police tainted evidence and you were non-prosecutable, etc. I would have problems hiring someone who was charged with assault, but not exonerated with a finding of innocent. From a liability standpoint, if the person I knowingly hired with a violent arrest record then assaulted someone on campus, the lawsuit against me would be a matter of me asking how much to write the check for.

  16. santu020304 says:

    Yes

  17. rwa000 says:

    it is perfectly legal, campuses today are not taking any chances with the events that taken place recently, I am however kind of surprised that an arrest showed up it is not the same as a conviction and should not show in a typical background check. However if they used the national data base it will show up the arrest. There are some people on YA that will tell you that it is illegal not to hire someone with a conviction for anything, that is BS, the employers have the obligation to keep their employees safe and therefore is their right not to hire anyone with a conviction

  18. charlie says:

    Yes them can not hire you and they’re not supposed to tell the reason, they just need to say "no". The important here is, you should as fast as possible , try to clear your name according to the law. Search for a lawyer and talk to him, act now or you’ll have to live with that problem for the rest of your life. It’s possible to do it, as you’re innocent, so go ahead and good luck.

  19. Mary's Oblate says:

    Federal, and most state, employment laws prohibit discrimination on the basis of race, sex, age, nationality, religion, marital status, sexual orientation, and physical handicap. It would appear that arrestees are not among the class of people protected by anti discrimination employment laws.

  20. Esq. says:

    it is illegal. arrests cannot be a reason not to hire someone unless they can prove it is likely you really committed the crime AND they can show the crime you were arrested for and likely committed is substantively related to the job. though arrestees are not protected classes, the supreme court has held protected classes, such as blacks and latinos, are arrested at greater rates than other races because of discrimination. therefore, allowing discrimination against arestees is tantamount to discriminating against blacks and latinos. the EEOC discourages jobs from placing the question “have you ever been arrested” on applications because of the supreme court ruling. it is likely you have a law suit if they rescinded the job offer without a showing that it is likely you committed the crime (assault is probably substantively related to any job)

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