Legal Question in Employment Law in Pennsylvania

Temporary employee not eligible for permanent hire

I work for temp employment agency at a large corporation in PA in a production position. I have a 12yr old coviction (auto theft resulted in felony & misdemeanor-same crime). I answered the temp agency's question honestly, it asked if I had a record in the past 10 yrs. I have recently learned through a friend who was fired after he was going to be offered a perm job and they found a conviction, that I can't apply for a permanent position, because the employer goes back 20 years and the temp agency will fire me when the company finds my conviction (even though I didn't lie to the temp agency).

Is it legal for them to not hire me based on this 12 year old conviction even though I've worked there for 1.5 year? Is there ANY way around this process? I'm a good employee, with no problems at work, and only 1 bad decision when I was 19. It's important to note that an pardon isn't possible b/c somehow, my conviction is only on file with the local court, not the state police (but the company does county & state checks). I've purchased a copy of my own report from the state police and it's come back ''no record'' but a county check it comes back on (I can't get a job at Target b/c they found it).

I'd appreciate any help given!


Asked on 4/02/06, 8:45 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Temporary employee not eligible for permanent hire

There are two ways to attempt to deal with this. The first is to try to get your record expunged. This is always possible, and especially so if you have been clean since the conviction. But it's not going to happen in a short period of time.

The other way to deal with it is head on with the company. Find out who is the decision maker about such matters and approach them long before they approach you. Explain the situation, why it is not relevant and that it was over a decade agao.

To answer your question, yes, either or both company can discontinue your employment for this reason. An employer is able to disharge an employee for any reason or no reason at all as long as there is no discriminatory purpose.

As to your situation, don't dwell on the fact it is a conviction, but that it is a conviction for a specific type of crime. Some crimes are more worrisome to companies than others. A sexual offense will haunt the offender for life, as will fraud, deceit and violent crimes. But many people get caught for stupid stuff done when they were young.

My suggestion would be to get a copy of the record (trial transcript, decision, etc.) and have somebody impartial look at it. If they can tell you that this wouldn't affect a potential employement in their opinion then you should bring this to the attention of the employers.

Be warned though, this may get you fired immediately. On the other hand, it may be something that one or the other can deal with.

Good luck, and let me know if I can help with anything.

Regards,

Roger Traversa

email: [email protected]

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Answered on 4/03/06, 11:27 am


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