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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I KEEP GOING TO EMPLOYMENT INTERVIEWS AND CANNOT GET HIRED

This answer was rated:

I KEEP GOING TO EMPLOYMENT INTERVIEWS AND CANNOT GET HIRED EVEN TEMPORARILY BECAUSE A FELONY 7 YEARS AGO. TOOK PRESCRIPTION DRUGS FROM MY DOCTORS OFFICE, WHO SUPPLIED ME WITH DRUGS AT THE TIME. THE EMPLOYMENT OFFICES SAY THAT BECAUSE OF INSURANCE REASONS THEY CANNOT SEND ME TO AN EMPLOYER. I AM LOOKING FOR A WAREHOUSE JOB, LOADING/SHIPPING ETC. THAT'S WHAT I USED TO DO PRIOR TO MY CONVICTION. I HEARD IN A RECENT WEBINAR THAT FELONS HAVE RIGHTS UNDER THE EEOC BUT IT SEEMS THAT THESE EMPLOYMENT AGENCIES HAVE A WAY TO GET AROUND IT. THANKS FOR YOUR INFORMATION. NICHOLAS XXXXXX [email protected] PHONE XXXXXXXX

Hello Nicholas,

Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Can you tell me what question you have regarding your situation?
Customer: replied 4 years ago.


I would like to know what my rights are according to EEOC. I need to get a job and it seems very difficult because my background.

Thanks for the additional information. I will get back to you shortly.
Hello Nicholas,

The EEOC actually does not cover people with felony convictions as they are not a protected class. What the webinar must be referring to is that due to the fact that a disproportionate number of African Americans and Hispanics (compared to white people) have been charged and convicted of felonies, the Obama administration has stated that the EEOC will start looking at felony screening in instances to determine whether or not it is just an attempt to screen out minorities.

Unfortunately, it will be quite difficult for you to maintain an EEOC charge if you are white (non-minority), since that is the primary motivation behind this new consideration. Otherwise, having a criminal record, as I mentioned, is not a protected class, and does not prevent you from being discriminated against. (For instance, it is completely legal for the United States to deny second amendment rights to convicted felons).

See the EEOC's site for more information here:

http://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm

You may want to look into trying to get your record expunged. (I can't comment on whether or not that's possible based on your conviction). I would suggest you contact your local public defender's office to see if they can assist you in determining whether or not that opportunity is available. (Normally your conviction would needed to have been a wobbler, meaning that it could have either been a felony or misdemeanor, but was charged as a felony, for you to be eligible).




I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Hello Nicholas,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph