My Employer is threating to terminate me,because a background check revealed an open arrest for Patronising a Female,the charge was eventually DISMISSED AND SEALED,no fine,no plea,no conviction,a wrongful arrest.They must be discriminating in this instance??

1 answer  |  asked Jul 14, 2002 6:50 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Accessing Credit Reports

If, for example, another employee squealed on you, telling the employer about the arrest, you'd probably be out of luck. Because New York is an employment at will state, the employer could fire you, even though the arrest was wrongful.

New York has a law prohibiting discrimination based on a record of conviction, but that law is read very narrowly. In any case, you were never convicted, so you're not even covered by the law.

What I'm interested in is this "background check." How did the employer conduct this check? I would want to check if your credit report was accessed recently. If your employer, or a detective agency for your employer did so, then you'd have something. Interestingly, your employer would be covered by a law that usually applies only to collection agencies, and credit reporting companies.

I suggest that you call me.

posted by David M. Lira  |  Jul 15, 2002 09:38 AM [EST]

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