Can employment as a clerical worker in a school be denied due to a DUI?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can employment as a clerical worker in a school be denied due to a DUI?

It was a felony charge but no one got hurt and it was a long time ago.

Asked on March 25, 2015 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, yes--employment can be denied for this reason. Employment is employment at will; that means that employers may freely decide who to hire, and can refuse to hire someone for any reason whatsoever that is not illegal discrimination. But only certain kinds of discrimination--like against people due to their race, sex, religion, age over 40, or disability status--have been made illegal; all other "discrimination," such as against people due to their political views or, in this case, past criminal record, is legal, and so an employer may elect to not hire you due to a DUI charge.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption