Does my employer have a right to see and discuss a prior arrest of mine?

We did FBI clearances and I was completely cleared but now my employer wants to see me

and

Asked on May 13, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have the right to not discuss it, in that you won't be jailed or fined for not discussing it...but your employer has the right to terminate you for refusing to discuss a prior arrest, regardless of how he became aware of it, since the law does not provide any privacy rights in arrest or criminal records (i.e. the employer can choose to discuss it; it is not confidential or protected information) and employers may terminate any employee for any reason at any time--including refusing to discuss something which the employer wants to discuss.
So you can choose to not discuss the arrest--if you are willing to potentially lose your job. You can, if necessary, walk away from this job without talking about the arrest...but that may be your choice: discuss the arrest, or accept the risk of being terminated for refusing to disucss it.


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