I'm in California and am currently in drug diversion. I have been offered two jobs, however once they ran the background check - both job offers have been rescinded. I thought CA labor code 432.7 states that can't happen? I had to plead no contest in order to get diversion, but both employers (private companies) told me that they don't care...a Delayed Entry of Judgement is considered a felony conviction to them. Is this correct?
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Alcohol & Drugs: MIP, MIC, Intoxication Denied employment while in Diversion - CA
- Thread Starter terilyn
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CdwJava
Moderator
Have they admitted to denying you employment solely because of the arrest and entry into diversion?
Are you willing to take them to court to push the issue?
It's a two edged sword, here ... you might be able to force them to hire you (at some expense to all concerned), but do you really think that you woul dhave a successful career with such an employer?
Damages and remedies are included in subsection (c).
It also depends on the nature of the employment ... law enforcement, for example, can make a decision based on this situation.
- Carl
Are you willing to take them to court to push the issue?
It's a two edged sword, here ... you might be able to force them to hire you (at some expense to all concerned), but do you really think that you woul dhave a successful career with such an employer?
Damages and remedies are included in subsection (c).
It also depends on the nature of the employment ... law enforcement, for example, can make a decision based on this situation.
- Carl
Employment denial
Yes. Both companies told me that they were not hiring me due that fact. They both said it's their hiring practice never to deal with anyone with a felony. I don't have a felony conviction, but the charges were on felony procession of a controlled substance I am in diversion and completing it very successfully so far, and intend to do so all the way. These are very upstanding companies, and not affiliated with law enforcement. They said once I'm done with diversion and the case is dropped, I can reapply. But - that's 18 months away. It's just frustrating to me that they can violate the law like that - if that is in fact what they are doing. I'm trying to get on with my life - my diversion program is on Saturdays which does not interfere with my employment, and I'm just sad that I've made such a wreck of my life!
Yes. Both companies told me that they were not hiring me due that fact. They both said it's their hiring practice never to deal with anyone with a felony. I don't have a felony conviction, but the charges were on felony procession of a controlled substance I am in diversion and completing it very successfully so far, and intend to do so all the way. These are very upstanding companies, and not affiliated with law enforcement. They said once I'm done with diversion and the case is dropped, I can reapply. But - that's 18 months away. It's just frustrating to me that they can violate the law like that - if that is in fact what they are doing. I'm trying to get on with my life - my diversion program is on Saturdays which does not interfere with my employment, and I'm just sad that I've made such a wreck of my life!
raskalnikov
New Member
Find a good labor attorney and SUE THEM!
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