legal questions

Toni Dunn

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

mbeam

Do you have this on your job application? If not, you may want to take a look at some currently out there and run yours past an employment lawyer who can advise on how to phrase it for the state(s) your business operates in.

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.

Down_the_Middle

T. Dunn
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

This is state specific and in some states you would not be allowed to ask this. Some states only allow you to ask about felony convictions.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Don D

i agree with Down-The-Middle. What could the answer possibly do for you? The danger of letting a 'yes' answer impact an employment decision is pretty obvious. You know the 'un-wisdom' of asking that of an applicant. The same applies to an employee, and perhaps even to a greater degree.

Rodney

I agree with Don & Down the Middle. What is the purpose? Have you ever been accused of speeding and you weren't? (Maybe that is a poor selection! ) Is this question pertinent to the job? E.g. are they applying to be the CFO? If not relevant, I would suggest you avoid it.