|
|
#51
11-11-2005, 04:58 PM
|
|||
|
|||
Re: How screwed am I?
[ QUOTE ]
You all live in a funny country. In Germany you only need to disclose convictions if there is a close relation between the job and the crime. If you stole cash you have to disclose a conviction when applying for a cashiers job, etc. Employers are allowed to ask and you are allowed to lie, which means that if it gets exposed to the Employer that you have been convicted for something unrelated to your job after you have been hired, this is no grounds for firing you because you lied about it during the interview. But charges without any conviction? What is next? Random drug tests at work? [/ QUOTE ] Random drug tests are reuired for some jobs (Usually, but not exclusively jobs like truck driver where drug use would pose a safety risk). Pre-emplayment drug tests are a very common requirement. For some reason, we still call ourselves. "The land of the free". 
|
|
#52
11-11-2005, 05:06 PM
|
|||
|
|||
|
Re: How screwed am I?
[ QUOTE ]
nah that's wrong, being charged is public record, even if the gov doesn't have to tell you, it's public information and a private background check will turn it up. you can have it expunged if it's dismissed or if you are convicted and file some stuff, but as it stands, public record. [/ QUOTE ] You can have your crimal history expunged? I thought this was only for minors.
|
|
#53
11-11-2005, 05:26 PM
|
|||
|
|||
|
Re: How screwed am I?
[ QUOTE ]
For some reason, we still call ourselves. "The land of the free". [/ QUOTE ] Exactly. I'm free to not hire a pothead, or to fire him if I decide I dont want that sort of fellow on my payroll. God bless America.
|
|
#54
11-11-2005, 05:28 PM
|
|||
|
|||
|
Re: How screwed am I?
[ QUOTE ]
[ QUOTE ] For some reason, we still call ourselves. "The land of the free". [/ QUOTE ] Exactly. I'm free to not hire a pothead, or to fire him if I decide I dont want that sort of fellow on my payroll. [/ QUOTE ] Yes, freedom goes both ways. Why shouldn't employers be free to hire who they want?
|
|
#55
11-11-2005, 05:30 PM
|
|||
|
|||
|
Re: How screwed am I?
Random drug-testing conflicts with "Land of the Free", how exactly?
|
|
#56
11-12-2005, 03:40 AM
|
|||
|
|||
|
Re: How screwed am I?
[ QUOTE ]
How lame to quote an ALR article whose title completely fails to address all of the issues relevant. If you're going to try and play lawyer, at least do some lawyering. Recognize, for starters, that the practice is NOT disallowed--Title VII merely gives a racial minority a basis to subsequently challenge the use of the criteria, if he is denied employment. In order to prevail in the Title VII action, plaintiff needs to be able to prove disparate impact/intent, and if successful here, then the relief is that the practice cannot be used. So if the OP isn't within a Title VII protected class, he can't even raise the argument to challenge the practice. Additionally, the employer has a number of defenses such as "business necessity" for the criteria, which if proven, trump the Title VII argument. So do me a favor and dont play lawyer with your free law student Westlaw account. [/ QUOTE ] lol. All I said was that he wasn't that far off, never said OP was part of a protected group, or that he would be able to suceed on a Title VII claim. The issues you raised in your post above (such as, 'the employer has a number of defenses such as "business necessity" for the criteria, which if proven, trump the Title VII argument') are addressed in that ALR article. I realize that former clerks from federal circuit courts think they are above everyone else, but seriously, get your head out of your ass. maybe you haven't fulfilled your life goals after your clerkship and are pissed at the world for wasting your legal 'talent', but you don't have to take it out on people on 2+2.
|
 |
|
|
Linear Mode
