Deferred Discharge

Last Updated: February 17, 2016

Definition - What does Deferred Discharge mean?

A deferred discharge, in the context of the workplace safety, refers to a sentence or conviction that appears on an applicant’s criminal background record as pending adjudicatory resolution by a court ruling. An employer can hire an employee on a probationary status contingent on the official clearance of a record evaluations check from the department of human services (DHS) and/or department of public safety declaring authorization of full employment status.

WorkplaceTesting explains Deferred Discharge

A deferred discharge relates to any pending sentences and/or convictions awaiting adjudicatory decision from a court, which becomes an inclusive element to a criminal background check. Though federal law mandates prohibit non-employment on grounds of criminal convictions and sentences combined with deferred adjudication processes, employers maintain the exclusionary legal privilege to request a record evaluations check. Depending on the nature and/or frequency of the offense(s), employers can determine whether employee status is legitimate or deniable on principle. However, following a detailed review of the circumstances of a deferred discharge, employees can still retain employment status under limited terms of job performance held at the employer's discretion.

This definition was written in the context of Workplace Safety
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