Thursday, November 19, 2009

Why do jobs discriminate against people with misdemeanors?

I know that jobs usually say "if you have a felony we cant hire you" but why have they started discriminating against people with misdemeanors? A friend of mine got into a fight with a man who was stalking his wife, he was charged with 1 felony and 2 misdemeanors but they were later dropped to 2 misdemeanors, and no felony charges were filed. He was sentenced to 2 years probation, from 2004 to 2006 and no jail time. He completed his probation and his lawyer said that since it was his first offense he wouldnt have any criminal history and it would be wiped clean. Well here recently he was laid off of his job in dec 06 and he got this job while this was on his criminal background, now he cant find a job anywhere since being laid off, and they tell him its because he has misdemeanors and that as long as he had them he wouldnt be able to get a job anywhere. Whats the deal? Why is it so hard for people to aquire jobs after getting into a simple misunderstanding? Serious answers please.

Why do jobs discriminate against people with misdemeanors?
It goes with the territory. Consider a criminal background as grounds for dismissal. Once you enter the penal system and get processed, your life is forever changed.





Don't expect normal outcomes. I'm not sure if the actual offenses are revealed on a criminal background check but even if they are ~ and you have two prospects with the same qualifications and one has this criminal record...who you gonna hire??


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Reply:It's only discrmination if you're a member of a protected class.





Having a criminal record is fun to giggle about when you're drinking with your lowlife friends, but only the very naive think that serving time is the only repercussion of being convicted.





Welcome the real world.
Reply:This is a tough question. The facts are your friend is not being discriminated against. Think about the following: there are tons of professionals each day that get charged with DWI's and DUI's. I'm almost certain because I personally know about 4-5 people that have been charged, that if its truly off your record there is absolutely no way of finding this information out. If the company that did the background check finds out that he has been in trouble with the law, than yes, he is probably having a hard time getting a job mainly because there are probably 20 other applicants with the same experience and credentials that don't have a criminal charge against them. My recommendation to your friend is to first make double sure the charges are gone, and second when asked in an interview if he has been convicted of a criminal charge to say "NO". The facts are most companies outside of fortune 500 or government jobs don't really look that deep.
Reply:Do you want me to tell you my top 10 reasons, or list all 112 of them.
Reply:This is not discrimination. It is "selective hiring." If I own or run a business and I have a choise between hiring someone with misdemeanor offences and without, you can bet I'm going with the one with a clean record.





Why should I hire someone who does not even have respect for themselves or for the law or enough self-discipline that they can't break the law? It is not that difficult to not break the law.
Reply:It is not considered discrimination because convicted people are not a protected class. If your friend thought that his record would be cleared he should contact his attorney again. He may need to apply for an expungment ( a clearing of his record...this is sometimes at the discretion of the prosecuting attorneys office) of his record. Some places won't hire people with certain crimes in their background because it can pose a threat to the people that already work their or customers. He should definately get a hold of his attorney again....

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