CanI be denied employment due to an old criminal record?

About 11 years ago I was convicted for theft by conception, a felony. I applied for a management position at a restaurant; the paperwork that I signed asked if there were any felony convictions in the last 7 years. My answer was no because my conviction was 11 years old. So why was I denied the position because of my criminal history?

Asked on October 29, 2011 under Employment Labor Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, you can be denied employment for any reason. The issue is whether the reason is legal or not and whether you can prove it. The restaurant here is not discriminating against you. It had I am sure more than one applicant and it decided the person who was more qualified. If you are absolutely certain you lost the offer because you had a felony conviction 11 years ago, and you can prove it, consider talking with your state labor department to see if you have a colorable claim. In this situation, I am unsure if the restaurant did anything wrong.

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