43. Can I sue the potential employer if I didn’t get hired because of a discharged First Offender case?

Although the First Offender Act states that a discharged First Offender case “may not be used to disqualify a person in any application for employment or appointment to office in either the public or private sector,” Georgia courts have ruled that employers can make decisions based on discharged First Offender cases because of Georgia’s status as an at-will employment state.

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