can an employer deny employment for a 5 year old misdemeanor?

UPDATED: Oct 1, 2022

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can an employer deny employment for a 5 year old misdemeanor?

pled guilty to D.U.I 5 years ago

Asked on August 18, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can this. All employment in thie country is "employment at will," unless you have a written employment contract to the contrary. Employment at will means many things, but one thing is that employers have full discretion over who to hire and who to not hire: they can freely decide to deny employment to someone, and there is no right to be hired or to a job. While certain things, like race, religion, sex, color, disability, age 40 or over, or national origin are protected--you can't refuse to hire someone for one of those reasons--there is no protection for a criminal record, no matter how old or minor: they can refuse to hire you for this.

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