Is it legal if I was turned down employment from a company that I had already worked for because of a not guilty case that was on my record the first time I was hired?

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Is it legal if I was turned down employment from a company that I had already worked for because of a not guilty case that was on my record the first time I was hired?

Can they do that?

Asked on December 10, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, they can do this, because employment in the United States is employment at will. That means that an employer is free to decide who to hire--or who to not hire--for any reason at all that is not illegal discrimination, such as on the basis of race, sex, religion, age over 40, or disability.


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