South Bend, IN asked in Criminal Law and Employment Discrimination for Indiana

Q: Can I sue for a job that I was only denied because a f6 charge that was dismissed?

I can't find work because employers pull up the charge on a background check even though it was dismissed. Even with dismissal, the charge still looks ugly to potential employers and now I'm suffering financially.

1 Lawyer Answer
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: In Indiana an employer can choose to not hire or to fire for any reason as long as it is not for a constitutionally protected reason. Your situation does not fit a constitutionally protected class. However, if the case was dismissed you should consider an expungement. This will seal the case and prevent future employers from seeing the charges and case.

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