MA Employment Issues from Criminal Charges
In Massachusetts, criminal charges can create serious employment issues for you. A Massachusetts employer can refuse to hire or fire an individual based his or her criminal record. It depends on the type of job that you have and who employs you. If you are a public employee, hiring and firing rules are governed by state laws and regulations. The hiring and firing of union employees is governed by collective bargaining agreements. If you are part of a union and you have pending criminal charges, it may be helpful for you to talk to your union lawyer.
The Massachusetts CORI act allows certain employers from obtaining criminal histories of prospective workers. An applicant may be able to withhold certain information about their criminal history if their record is properly sealed by the court. For the most part an employer does not have a right to request you to perform a polygraph test or lie detector. This is not a universal rule, but most employers cannot require you to take a lie detector test.
If you charged with a criminal offense, you must be aware of the collateral employment problems that you may face. It may be difficult for you to apply for certain jobs or even keep your job. The Massachusetts rules of employers being able to access an applicant’s or a current employee’s criminal record are always changing. Therefore, it is important that you protect your rights the best way you can. If you are concerned about applying for jobs or keeping your job, do not try to represent yourself. It is important to get an experienced lawyer to help you through this process.
Call Attorney Jason Chan to talk about your case today at 508-808-8902