You were convicted of a felony. Now you’re wondering – where can felons work in Wisconsin? (And the United States?)
Whether and where felons can work is a polarizing topic for discussion. Some people believe that it’s appropriate to ban felons from working for the rest of their lives. These individuals think that a mistake (or series of mistakes) in the past somehow makes individuals convicted of felonies unemployable. We disagree, and we think that punishing individuals for the rest of their lives over incorrect decisions doesn’t benefit anyone. Having a job has many benefits. One of the most important for all of society is that having a job reduces recidivism. And for the offender, it provides a potentially productive path forward.
We recognize that it can be incredibly difficult for felons to find work. We’ve worked with many individuals facing the same predicament you are. Below, we’ve compiled a list of areas of work to consider or companies to contact that may not automatically disqualify you due to an arrest or criminal conviction.
Have an open felony case? Contact us. At Van Severen Law Office, S.C. we represent individuals facing all felonies throughout Wisconsin. You can reach our Wisconsin criminal defense attorneys at (414) 270-0202.
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First off, what’s the law in Wisconsin regarding hiring felons? Can employers really discriminate against me due to an old conviction?
The quick answer is no. Employers cannot discriminate against you due to an old conviction. But that doesn’t feel right. You’ve applied to various jobs and the only reason you’ve been denied really feels like it’s due to your old conviction. Unfortunately, there’s an exception to the law that allows for employers to discriminate against individuals with criminal convictions in specific circumstances.
The Wisconsin Fair Employment Act prohibits employers from taking adverse employment actions based on the arrest or conviction of job applicants or employees. Specifically:
Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of an … arrest record, conviction record, … (Wis. Stat. 111.321)
The exception allows employers to refuse to hire qualified applicants or terminate employees due to a criminal arrest or conviction that is “substantially related” to the requirements of a job. Importantly, this doesn’t have anything to do with whether the crime is one that upsets people. Substantially related means a few things. It includes where the offense happened, when it happened, and the individuals involved. It could have something to do with the job, such as involving the same location.
As an example, a disorderly conduct conviction is likely “substantially related” to the requirements of any job involving people – whether they’re other employees, customers, or supervisors. The reason for this is that all disorderly conduct convictions involve the creation of a disturbance. But a disturbance can’t occur unless it’s involving other people. Your crime was against people, and there are people involved in your job – this is a stretch, but likely qualifies as “substantially related.” The same reasoning can apply to any “violent” conviction.
The service industry – felons working in restaurants and bars
Working in restaurants and bars has been a safe space for felons to find employment for decades. While it’s certainly easier to find employment with small, independent restaurants, corporate chains have also started to catch on.
Restaurant corporations like Darden (The Capital Grille, Red Lobster, Olive Garden, LongHorn Steakhouse, etc.) have indicated a willingness to work with individuals convicted of felonies. Previous clients have also indicated that Red Robin is another restaurant chain that regularly hires felons. Fast food restaurants are another option.
Many of these companies don’t explicitly state their willingness to hire felons. It’s kind of a word of mouth situation while the world opens up to the benefits of hiring felons. But one restaurant makes it very clear that they believe in second chances: Mod Pizza:
At MOD, we believe you’re defined not by your past, but by what you do next. We’ve found many justice-involved individuals are ready to get to work and have the grit and resilience we value in all our people. So we’ve given many a second chance by hiring them to be part of the MOD Squad.
Seeing this change is a refreshing one, and gives us hope that other companies follow MOD’s example.
Finally, bars are normally owned locally, whether by small hospitality groups or independent owners. The busy work and difficult hours are challenging and might not appeal to broader audiences. But this is an in for felons, and could allow for gainful employment.
Small businesses without corporate ownership – another place felons should consider working.
Background checks are generally automatic when it comes to applying for large corporations. But smaller businesses with local ownership might not be so quick to spend the money on them. While we always recommend being honest, sometimes the quick corporate background check leads to an automatic denial for employment. It’s possible that a smaller business will take the time and give you the opportunity to discuss your prior convictions.
Small businesses look for help in all sorts of places. Craigslist, Indeed, and Ziprecruiter are a few places to look. Speaking with friends and family about opportunities could also set you down the path to working for a small business.
Eliminate the background checks entirely. Work for yourself. Allow felons work with your company.
Imagine never needing to submit to another background check when applying to another job. Imagine never receiving another email indicating that your background check has resulted in some sort of “pre-adverse action” letter or email. Sounds great, right?
While certain issues may come up as a small business owner (such as difficulty obtaining various licenses or security clearances), working for yourself doesn’t require you to pass a background check. And working for yourself doesn’t require you to give background checks to other individuals held back by their old convictions.
Factories and manufacturing jobs are another great place to look.
Quad graphics has a reputation as a company willing to give individuals second chances. They have been known to hire felons and to give individuals chances where others have not. At the end of 2022, Quad operated 45 manufacturing and distribution plants around the world, and over 80 client-based on-site locations. Many of these are in Wisconsin. This provides plenty of options for individuals seeking a second chance.
Generally speaking, it’s a good idea to send applications to factories in your area. The pay is decent, the hours are stable, and long-term commitments to companies could lead to higher pay or put you on the track to a supervisory position in the company.
Consider a career in the trades (our favorite, and an opportunity to make a fortune)
Several different fields of employment fall under the skilled trade classification. This includes electricians, welders, plumbers, carpenters, heavy equipment operators, and more. Individuals learn trade skills through specialized training from technical or trade schools. This training often includes a combination of classroom settings and performing hands-on tasks relevant to the field you’re training to be in.
Learning a trade also helps with one of our previous suggestions: opening your own business. Some trade skills (plumbing, electrical work, HVAC work) could serve as the basis for gig work, or work on the nights and weekends. Scaling these ideas up into full-time jobs is potentially lucrative (and allows you to hire other felons).
Pay in various skilled trades is also incredibly attractive. A quick Google search indicates that the average Wisconsin heavy equipment operator makes $22.00 an hour in 2024. Average plumber salaries sit around $60,000.00 a year. Electrician salaries are similar. While these certainly won’t make you rich on your own, they’re a great base.
Here are some ideas for potential employers and areas of work to consider after a criminal conviction.
Facing felony charges? Contact Van Severen Law Office, S.C. for help.
Van Severen Law Office, S.C. is a Wisconsin criminal and drunk driving defense law firm. We represent individuals accused of violating the law throughout the state. Unfortunately, we do not represent individuals who believe they’ve been discriminated against in an employment situation. We cannot assist with this issue.
But if you have an open criminal case, we’d like to talk. Whether you’re facing a misdemeanor or a felony charge, finding work as an individual convicted of a crime becomes difficult. This is especially the case in Wisconsin, where CCAP records can haunt you for decades. Let’s do our best to beat your case, keep your record clean, and allow you to continue finding employment. Contact us at (414) 270-0202. We offer free consultations to potential clients.