Background check showed up after 1 year!!!

caclarklee

Junior Member
Aug 5, 2016
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0
0
Is it possible for nothing to show up on your background check then showed up 1 year later after you been working? It is possible for an employer to fired someone because they background have several felonies but it didn't show up a year ago?
 
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Fritzo

Lifer
Jan 3, 2001
41,920
2,161
126
Yes, it's possible if the crimes happened in a different state or county.
 

twinrider1

Diamond Member
Sep 28, 2003
4,096
64
91
Massachusetts

Massachusetts is an "at will employment" state. That means they can fire you just because they want to. They don't have to have a reason.
But they do have the Implied Contract Exception, which is generally means if you have company policies or a handbook that says you can only be fired for certain things. However, it's hard to prove though, and it's on you to prove it.
 

Puffnstuff

Lifer
Mar 9, 2005
16,187
4,871
136
The background check is legal under Title VII if only information pectinate to the job is obtained. Felonies are legal but arrest records are not. An employer has the right to scrutinize the felonies and if they present a negligent hiring risk to them they have the right to terminate your employment over them without any legal risk to themselves.

As for at will do not confuse at will as being able to release you at any moment if your state has a just cause clause. If you feel like they might do this to you go see a labor lawyer in your area who's well versed and consult over this situation to see what your actual options are. I'm telling you this from a human resources perspective because I would look at your felonies vs the threat they represent to my workers and make a decision. I would take your performance into consideration when making this decision but if you've got a history of violent acts against people I would immediately dismiss you.
 
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BoomerD

No Lifer
Feb 26, 2006
65,781
14,200
146
A felony means a life of poverty in America.
Not always true. My felony convictions certainly didn't mean poverty for me. I made a damned good living for most of 40+ years...while being a felon. Sure, I worked construction, not in an office somewhere, but I still made $30-$40/hr...with a load of overtime and some of the best health & welfare benefits (medical, dental, optical, pension, etc) in the building trades on the west coast. For many, many years, the only time I was out of work was when I WANTED some time off...in my 30 years working construction, my felony record only kept me from one job...working in a very sensitive area at Lawrence Livermore Labs...everyone had to pass a strict FBI background check. Even though my felonies at the time were more than 30 years old...I failed the background check. (and I was fairly certain I would when I found out that I had to undergo said test)


The background check is legal under Title VII if only information pectinate to the job is obtained. Felonies are legal but arrest records are not. An employer has the right to scrutinize the felonies and if they present a negligent hiring risk to them they have the right to terminate your employment over them without any legal risk to themselves.

As for at will do not confuse at will as being able to release you at any moment if your state has a just cause clause. If you feel like they might do this to you go see a labor lawyer in your area who's well versed and consult over this situation to see what your actual options are. I'm telling you this from a human resources perspective because I would look at your felonies vs the threat they represent to my workers and make a decision. I would take your performance into consideration when making this decision but if you've got a history of violent acts against people I would immediately dismiss you.

At will GENERALLY means just that. The employer can fire the employee for any reason that's not illegal under state/federal law.(discrimination, etc.) and the employee can quit at any time for any reason...and is not required to give notice when doing so. (unless you have a contract that requires notice)

OP, if you lied about your criminal background, that's usually cause for immediate termination...and depending on state law, can be reason to deny you unemployment benefits. If they never asked...and you didn't disclose your "history," then, depending on company policy...and the type of job you have, you MIGHT be OK. Obviously, if your convictions are for some form of theft...and you hold a job that requires you to handle cash...you may have a problem...same if your convictions are for DUI and you have to drive a company vehicle as part of your normal routine...but that SHOULD have been caught a LONG time ago.
 

Linux23

Lifer
Apr 9, 2000
11,370
741
126
Wait? Did he say he got canned? Or is he asking for advice for when he gets canned?
 

Puffnstuff

Lifer
Mar 9, 2005
16,187
4,871
136
He's worried that the delayed results of a background check will get him fired. I'm trying to explain it from a HR legal perspective so the OP can have a better understanding of the possible outcomes.
 

caclarklee

Junior Member
Aug 5, 2016
10
0
0
Not always true. My felony convictions certainly didn't mean poverty for me. I made a damned good living for most of 40+ years...while being a felon. Sure, I worked construction, not in an office somewhere, but I still made $30-$40/hr...with a load of overtime and some of the best health & welfare benefits (medical, dental, optical, pension, etc) in the building trades on the west coast. For many, many years, the only time I was out of work was when I WANTED some time off...in my 30 years working construction, my felony record only kept me from one job...working in a very sensitive area at Lawrence Livermore Labs...everyone had to pass a strict FBI background check. Even though my felonies at the time were more than 30 years old...I failed the background check. (and I was fairly certain I would when I found out that I had to undergo said test)




At will GENERALLY means just that. The employer can fire the employee for any reason that's not illegal under state/federal law.(discrimination, etc.) and the employee can quit at any time for any reason...and is not required to give notice when doing so. (unless you have a contract that requires notice)

OP, if you lied about your criminal background, that's usually cause for immediate termination...and depending on state law, can be reason to deny you unemployment benefits. If they never asked...and you didn't disclose your "history," then, depending on company policy...and the type of job you have, you MIGHT be OK. Obviously, if your convictions are for some form of theft...and you hold a job that requires you to handle cash...you may have a problem...same if your convictions are for DUI and you have to drive a company vehicle as part of your normal routine...but that SHOULD have been caught a LONG time ago.

They did asked about criminal history on the application but I checked no but I don't understand if they did the background check nothing didn't show up until year ago. They told me last year that my Cori came back and everything is good. So I just don't get it at all.
 

caclarklee

Junior Member
Aug 5, 2016
10
0
0
He's worried that the delayed results of a background check will get him fired. I'm trying to explain it from a HR legal perspective so the OP can have a better understanding of the possible outcomes.

I didn't know that after 1 whole year a background check can be delayed. Now I'm waiting to hear from my supervisor once she talk to her boss about it.
 

caclarklee

Junior Member
Aug 5, 2016
10
0
0
It also depends on the job, and what you told them.

It's nursing assistant job. My supervisor did asked me to explain the charges a few day ago and I did so now I'm waiting to hear back from her after she discuss it with her boss.
 

BlitzPuppet

Platinum Member
Feb 4, 2012
2,460
7
81
No Bueno, they're not gonna be happy that you lied/were dishonest/withheld information from them.

That's all I can really say.
 

Markbnj

Elite Member <br>Moderator Emeritus
Moderator
Sep 16, 2005
15,682
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www.markbetz.net
If the felonies were crimes of moral turpitude they're probably going to can you. If you lied on your application they are probably going to can you. Sorry, but there it is.