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Can I Legally Be Denied Employment if I Have a Canadian Criminal Record?

When you are looking for employment options, it becomes crucial to understand the requirements as well as restrictions of the place that you reside in, especially if you are having a criminal record. If you are in Canada and worried about the impact of your criminal record on your employment then this blog is for you.

It is very possible that you may be denied a job based on your criminal record or legal history in Canada. When you are searching for suitable jobs, the whole process of searching, interviewing, and waiting to hear the response is already stressful enough and on top of that when you have a criminal record it gets worse and it piles on the added stress.

In this post, we are going to discuss the connection between your criminal record and its ability to impact your employment status in Canada. We are also going to discuss some options that you could opt to make your future better. There is no such need for you to take the stress and compromise on your dream job because of the mistakes of the past.

A Criminal Record Can Prevent You from Getting the Job

To know if a criminal record can prevent you from getting a job, you need to understand the requirements of the province in which you reside. For example, in the Ontario province, a company is allowed to discriminate against you on the basis of criminality in case you have not received a Record Suspension.

However, in case the candidate already has a Record Suspension, then it is illegal for a company to discriminate against you on the basis of record suspension. In this case, the candidate must be considered a viable option for the role.

Similarly, the rules for British Columbia are also different which state that a company should not refuse employment to any person or discriminate against them on the basis of their criminal record if the crime they committed is not related to the employment.

Each province has independent laws and guidelines in Canada and because of that, they act independently when it comes to handling different matters. It is also important for the provinces to work with specialists to make sure that each resident’s rights are protected as per the laws and guidelines in your area of Canada. This is why what works in one province may not work in another. So it is always better to check before you move.

Three-part Process Followed by Companies to Deny Eligibility

It is important for companies to follow a set standard in order to prevent you from being an eligible person for a role in their organization because of your criminal history. The company must be able to prove that the roles within their organization require a clear criminal medical. Three considerations are included in this set standard. They are listed as below:

  • A rational connection must exist between the requirement of the role and a clear criminal record
  • It should be mentioned in the criminal record requirement  that it is essential to fulfilling a work-related purpose
  • The requirements of the criminal record must be reasonable and essential in order to avoid undue hardship on the employer

Required Information by the company to reject applications on the basis of their criminal record

A company should be able to provide verified information in case they are rejecting an application. It is also important for the application to have enough information including the records to deny them the job. The employer must be able to prove how the criminal record of the said person will impact their ability to perform at the job.

According to this, if you are getting rejected by an employer because of your criminal record then there must be an explainable reason that the employer must be able to prove.

How our trusted team can help you get a suitable job

The first thing you need to do is acquire a Record Suspension with the help of our able team. After getting expert suggestions, this process will be quite easy for you. Our team can guide you through the whole process to get a record suspension by pardon applications. You will also get important information to complete the documentation so that you can start your journey to create a bright future for yourself.

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