Have you been fired because of your arrest record? Were you denied a job after a background check? Were you an excellent candidate for a job believe the employer did not hire you because of your arrest record?
Attorney James Walcheske is among the top Arrest Record Discrimination attorneys in Wisconsin. He has counseled hundreds of clients through this thorny and rarely known area of the law. Determine whether you have been subjected to arrest record discrimination, contact us for a free case evaluation.
What Is An Arrest Record?
“Arrest record” covers more than you may think. The Wisconsin Fair Employment Act defines “arrest record” as “information that a person has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority.”
What Is Arrest Record Discrimination?
Arrest record discrimination can occur in one of two ways:
- Being denied employment based on arrest record; or
- Being terminated based on arrest record
It is becoming far more commonplace for employers to run background checks on applicants. Employers cannot deny employment to applicants based on arrest record(s) for past charges contained in the background check results.
Employers are also prohibited from firing current employees because of an arrest.
What Is Not Arrest Record Discrimination?
There are exceptions to arrest record discrimination that allow employers to take certain actions based on arrest record without violating the law.
For example, in certain situations an employer can temporarily suspend a current employee’s employment pending the outcome of a pending charge against an employee. An employer may also be allowed to legally terminate a current employee’s employment if the employee admits to committing the charge for which he or she was arrested, if the charge is related to the position.
The Walcheske & Luzi, LLC Difference
At Walcheske & Luzi, LLC it is our pledge to provide open and honest advice, taking the time to listen, counsel, and advise. We will work closely with you to determine if you are the victim of arrest record discrimination. Tell us about your arrest record discrimination case, we’re ready to help.
Check out our testimonials section, where former clients have described their past experiences with us.