I failed a background

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I failed a background

I failed a background check to work
in a nursing home in Washington
state. It said I couldn’t work
around minors and elderly at risk
because I was arrested for selling
marijuana in new York in 1988. Is
there anything I can do about it?

Asked on December 30, 2018 under Employment Labor Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An employer can chose not to hire you based on any criminal conviction; they have wide discretion based on an applicant's criminal history. The fact is that most work relationships are "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination, which does not appear to exist in your situation). 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, there unfortunately there is nothing you can do about this. Employent in this nation is employment at will: employers may choose to not hire anyone for any reason not specifically prohibited by law (e.g. they can't refuse to hire due to someone's race or religion), and there is no law saying they can't refuse to hire due to a long-ago misdemeanor.


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.

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