How long can an employer legally refuse employment after a conviction?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long can an employer legally refuse employment after a conviction?

Our policy states that we can hire you even if you have a criminal conviction, as long as it’s been more than 10 years since conviction. If an applicant was convicted 10 years ago but has been serving a sentence in jail for the last 9.5 years for that conviction, is he eligible for hire according to our policy? Are there any laws on this type of situation for DC, MD and VA? Also, if an applicant or employee fails a drug screening, are there any laws stating how long this employee is ineligible for hire or rehire, or how long can we refuse employment?

Asked on January 5, 2011 under Employment Labor Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You sound as if you have a particular set of facts that you need ironed out and I think that you may need to consult with an employment attorney in your area if you  are afraid of liability or if you want to cut all ties with someone in particular over these issues.  Now, as for the first part of your question, the way that you have written the question  it appears that your policy uses the date of conviction as the counting point, not date of release from prison. So should that person get out of jail then he is eligible for hire after the next 7 months have passed.  As for drug screening, each state and district has their own paws on drug screening and drug-free workplace environments.  The particulars on hire or rehire should be addressed to the attorney in your area.  Good luck. 


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 with SHA-256 Encryption