Legal Question in Business Law in Virginia

Refused Employment for a Reckless driving charge after being found Not Guilty

I am trying to become on Over The Road truck driver.

While seeking employment, a company I applied with

refused me employment (specifically said they would

hire me otherwise) because of a reckless driving charge

in 2004. The problem? I was found NOT GUILTY. They

said this does not matter, just that I was charged.

Is this legal? I thought NOT GUILTY means you DID NOT

commit the crime you were accused of. Also I know that

if I were to get the transcripts from this case I could

prove that the Police Officer perjured himself on the

stand, could I use this to somehow get this exponged?


Asked on 10/19/05, 5:38 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Refused Employment for a Reckless driving charge after being found Not Guilty

While your analysis is correct, the problem is

that in Virginia employees have very few rights.

Therefore, an employer can choose not to hire

you for no reason at all or any good or bad

reason. They do not have to be logical. Whereas

in a state like California an employer might

have to be fair and reasonable in these ways,

in Virginia an employer has a right to be stupid.

Where they are supposedly trying to keep the

public safe on the highways, they can get away

with a lot.

Therefore, I think that you should simply keep

looking for a well-run company. In the long

run, badly-managed and stupid companies do end

up shrinking and well-run, reasonable companies

prosper.

However, I do have a question as to how they

would know that you were charged without being

found guilty. Is that on your driving record?

If it is showing up on your driving record, that

you were charged but not guilty, you should see

a lawyer and try to correct that.

If you are answering this on an employment

application, you should read the application more

carefully to make sure they are really asking

you for charges only rather than convictions.

Read more
Answered on 10/19/05, 10:19 pm


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