Pardons Canada – Tow Truck Drivers Must Now Pass a Criminal Check for Towing Licence
When applying for a job, it’s important to understand the restrictions in place regarding the position. For Canadians that have a criminal record, it is possible to be denied a job because of your legal history. The act of searching for suitable jobs, going through the application process and sitting through an interview can be stressful enough. If you pile on the added stress of knowing you have a criminal record and hoping you won’t be found out, it can seem almost unbearable.
In this latest post, we’ll take a look at the legality of denying employment based on criminal records, and what a person can do to prevent this issue from recurring in the future. There’s no need for you to stress or to be held back from your dream job because of mistakes you’ve made in the past.
A Criminal Record Can Prevent You from Getting the Job
The answer as to whether a company can legally deny you employment based on your criminal record depends on the province in which you reside. For example, in Ontario, a company can discriminate on the basis of criminality for which a Record Suspension has not been granted. But if a Record Suspension has been granted, they may not discriminate against the candidate and must consider the person a viable candidate.
In British Columbia, a company may not refuse to employ, continue to employ or discriminate against a current employee due to their criminal record if the crime for which they were convicted is unrelated to the employment or intended employment of the person.
Because of the independent laws and guidelines within each province, it’s important to work with a local legal specialist to ensure that your rights are protected according to the laws in your area of the country. What works in one province may not work in another, so be sure to check into it if you are moving.
A Company Must Follow a Three-Part Process to Deny Eligibility
To prevent you from being eligible for a role within their organization as a result of your criminal history, a company must follow a set standard that proves a clear criminal record is required for the working role. This set standard includes three considerations. These three considerations are:
- There must be a rational connection between a clear criminal record and the performance of the role
- The criminal record requirement must have been established with the belief that it is necessary to fulfill a work-related purpose
- The criminal record requirement must be reasonable and necessary to prevent undue hardship on the employer
Information Required By the Company to Reject an Applicant on the Basis of a Criminal Record
If a company is rejecting an applicant on the basis of their criminal check, they must be able to provide verified information on the person’s crimes. The employer must have sufficient and specific information that the record exists and of the nature of the offences contained within the criminal record. They should also be able to provide information as to how such a record might impact the ability of the employee to perform the working role.
This means that, if you have been rejected for a working position at the interview stages as a result of your criminal record, you may be able to request further information from the company concerning their reason. You can also ask whether they have the requisite information to make a determination on the relationship between your record and the working role. If the crime you committed is unrelated to the role you are applying for, that makes a difference.
Our Trusted Team Can Help Remove Criminal Records
By understanding the process of obtaining a Record Suspension, and by working with an expert in this complex legal area, you can ensure you’re never rejected for a job due to your record again. Our expert team can guide you through the Record Suspension process, help you to complete the documentation and ensure you’re given the foundation for a brighter career future. To learn more on the Record Suspension process, and the requirements, speak with our trusted team members now.
Pardons Canada undertakes all necessary steps and procedures for removing your criminal record, including: Pardons/Record Suspensions, Purges, Photograph & Fingerprint Destruction, and U.S. Entry Waivers.
