legal questions
Toni Dunn
1 Post
I know that an employer can't ask an applicant if they have been accused of a felony, but they can ask if they have been convicted of a felony. I need to know if an employer can legally ask a current employee if they have been accused of a crime. Also, can an employer ask a current employee to sign a statement that they have not been accused of a crime? The employer is in New Mexico. In addition, would the answer be "state sensitive"....apply to one state and not to another?
T.Dunn
T.Dunn
Comments
By having a signed application on file, this allows you the ability (again depending upon the wording on your application) to reference check for a criminal background.
If someone has one and hadn't disclosed it on their application that would be grounds for immediate termination in most companies.
While you can ask this question of ALL applicants, why would it help you to know the answer? What does an accusation have to do with suitability to work for your employer? Having information like this is sometimes worse than not having it at all. So you learn than someone was accused of something...... How will you use that information to objectively screen? Do you care if the accusation is a felony or misdemeanor????? A very slippery slope you're looking at and one that I'd shy away from................. Good luck with your analysis. I'd certainly bounce this off your local counsel........
Margaret Morford
theHRedge
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