Background check showed up after 1 year!!!

[cressida]

multiple felonies, eh? Care to share?

OP joined Aug 16 ... I wonder if this is a legit account.

 

[shortylickens]

A felony means a life of poverty in America.

Unless you're a white politician.



:awe:

 

[caclarklee]

So I'm here to update everyone I did received the call from my supervisor and they terminate me. She stated that they wish they could keep me but their attorney won't allow it due to my criminal background. This is one of the worst time to lose my job, I have kids that are going back to school soon and have bills to pay.

 

[Puffnstuff]

Title VII protections include the employer asking for wrongful information. When it comes to a felony they are not supposed to ask before selecting you from all applicants. Once that has happened and you authorize the background check, the applicant must sign providing the employer with permission to conduct this check otherwise it violates the FTC's Fair Credit Reporting Act. In reality it should've been completed prior to finalizing the hiring process.

Applicants should never volunteer extra information, especially things that are not relevant to the position being applied for. This is exactly why I encourage the OP to contact an attorney and explain the circumstances right now in preparation for the outcome. I tell you these things because I'm a senior studying Human Resources Management and I have a 4.0 GPA and I know that I don't know everything but I know enough to tell you to get legal help now.

If I were in the manager's shoes and suddenly were faced with new information that might possibly lead to a negligent hiring suit if anything happened with the employee I would dismiss them as quickly as possible. You state that you're working as a nurses aid so you are around the patients. If you've had violent crimes in the past then you expose the hospital or clinic to a negligent hiring suit if you lose your temper and assault a patient or fellow employee. Your record will be presented in court by the victim(s) and the employer will get burned for it.

 

[caclarklee]

Title VII protections include the employer asking for wrongful information. When it comes to a felony they are not supposed to ask before selecting you from all applicants. Once that has happened and you authorize the background check, the applicant must sign providing the employer with permission to conduct this check otherwise it violates the FTC's Fair Credit Reporting Act. In reality it should've been completed prior to finalizing the hiring process.

Applicants should never volunteer extra information, especially things that are not relevant to the position being applied for. This is exactly why I encourage the OP to contact an attorney and explain the circumstances right now in preparation for the outcome. I tell you these things because I'm a senior studying Human Resources Management and I have a 4.0 GPA and I know that I don't know everything but I know enough to tell you to get legal help now.

If I were in the manager's shoes and suddenly were faced with new information that might possibly lead to a negligent hiring suit if anything happened with the employee I would dismiss them as quickly as possible. You state that you're working as a nurses aid so you are around the patients. If you've had violent crimes in the past then you expose the hospital or clinic to a negligent hiring suit if you lose your temper and assault a patient or fellow employee. Your record will be presented in court by the victim(s) and the employer will get burned for it.

I totally understand but I just don't get it why it took over 1 year the background check to show my records, that's what I'm confused about.

 

[Carson Dyle]

Hmm. That resolved itself quickly. Asked the question last night, got fired this morning. You could have saved yourself the trouble of asking had you waited 11 hours.

Count yourself lucky. You had a job for one year that you wouldn't have had otherwise if you had been truthful about your criminal record. Maybe you can use that year of experience to help you find your next job.

 

[Puffnstuff]

This is exactly why you need to speak to a labor lawyer. Most will give you a free consultation and advise you on what they think you should do. Without speaking to them about this matter you are settling on this outcome when you may not have to.

 

[yllus]

A felony means a life of poverty in America.

Agreed. I hate that this question is one that can be asked on job applications because you're essentially forced to lie if you ever want to be employed. It should be illegal except for specific roles (teacher, police officer).

Sorry to hear that you were terminated, caclarklee.

 

[Linux23]

Agreed. I hate that this question is one that can be asked on job applications because you're essentially forced to lie if you ever want to be employed. It should be illegal except for specific roles (teacher, police officer).

Sorry to hear that you were terminated, caclarklee.

that sucks because people want to work and try to turn themselves around get screwed. what are you supposed to do without income?

 

[Puffnstuff]

Caclarklee you really need to seek an attorney and explain everything to them and allow them to make a determination about your individual circumstances. There are so many technicalities pertaining to Title VII and felons that you need legal counsel on this matter ASAP!

Did the employer ask for arrest records when you filled out the application? If so that is illegal under Title VII and can be used against them. If you falsify information on the application then you are wrong.

GO SEE A LAWYER!!!!!!!!

 

[fenrir]

Did the employer ask for arrest records when you filled out the application? If so that is illegal under Title VII and can be used against them. If you falsify information on the application then you are wrong.

He already said he lied on the application and said he had no felonies.

 

[Puffnstuff]

That's enough to do it and I missed the part where he admitted to falsifying the document. With that said a staffing agency might have something for you near term. I would suggest that you go to college and earn at least a BS in something to help mitigate your criminal record.

 

[TheGardener]

Falsifying on an application for employment is grounds enough for termination at the will of the employer. Doesn't even have to involve past criminal activities. This is definitely true in Mass. I know of a university department head, who was in her job over a decade. She was considered by her peers to be a leading national authority in that field. One day it hit the local newspapers that she lied about her education background, as she didn't have the degrees she claimed to when hired. I guess no one bothered to check that out. She was summarily fired.

Some things on your application are black and white and are not subject to interpretation. There are examples of corporate officers who have lied as well, and when caught, they lost their jobs.

 

[zinfamous]

that sucks because people want to work and try to turn themselves around get screwed. what are you supposed to do without income?

In the US, it seems our justice system is more interested in punishment rather than justice and reform. This puts you in the position of choosing between being honest on the application and know that you will not be considered, or lying for the chance that you will be hired and they somehow never figure out. You pretty much have to lie, because there is a slightly higher chance that you will be hired.

it's totally fucked. Sorry to hear, OP.

 

[Carson Dyle]

In the US, it seems our justice system is more interested in punishment rather than justice and reform.

This has NOTHING to do with our justice system.

Jeezus.

 

[zinfamous]

Falsifying on an application for employment is grounds enough for termination at the will of the employer. Doesn't even have to involve past criminal activities. This is definitely true in Mass. I know of a university department head, who was in her job over a decade. She was considered by her peers to be a leading national authority in that field. One day it hit the local newspapers that she lied about her education background, as she didn't have the degrees she claimed to when hired. I guess no one bothered to check that out. She was summarily fired.

Some things on your application are black and white and are not subject to interpretation. There are examples of corporate officers who have lied as well, and when caught, they lost their jobs.

Remember/recognize this dummy?

 

[zinfamous]

This has NOTHING to do with our justice system.

Jeezus.

Of course it does.

I was going to add in " our culture" because I think that is more applicable, but it does apply to the justice system.

Our justice system has long been set up with the notion that sending a criminal away to prison is really all that person deserves. The idea pervades in this practice that felony convictions restrict various rights from citizens, and many of those rights and privileges remain out of grasp from such individuals throughout their lives, despite how they may have reformed in their time outside of prison. The prison-first and prison-forever "cure" that we seem to have accepted for crime has left no real paths open to significantly reduce recidivism in individuals. It is a catch-all solution that never takes into account individuals and what they may actually offer to society if ever given the chance to reform themselves.

The fact that the bulk of the workforce remains completely out of reach for convicts and felons simply reinforces this notion that this system must be right. It is a rote endorsement from employers as a whole that convicts and felons, regardless of circumstances, are treated as equally as they all should be treated. It is all part of the same vicious cycle.

I don't advocate removing all such restrictions on felons and convicts when it comes to employment, but keeping the status quo as it is is simply more expensive in the long run than necessary--cycling people back into fewer and fewer choices that ostensibly lead back to crime becomes more expensive for everyone due to cost of imprisonment, and social cost of flat crime rates.

 

[Artorias]

In the US, it seems our justice system is more interested in punishment rather than justice and reform. This puts you in the position of choosing between being honest on the application and know that you will not be considered, or lying for the chance that you will be hired and they somehow never figure out. You pretty much have to lie, because there is a slightly higher chance that you will be hired.

it's totally fucked. Sorry to hear, OP.

I get what you are saying but it really depends on the crime though, I'm pretty sure there are a lot of jobs out their that don't auto disqualify you for having a record.

 

[Carson Dyle]

Of course it does.

I was going to add in " our culture" because I think that is more applicable, but it does apply to the justice system.

No. Your comments about the justice system may be valid. But they have absolutely nothing to do with the subject of this thread.

Claiming that "our" (this country's) cultural biases are at work here is nearly as wrong. Employers have good reasons for not hiring felons. Same as they would not hire someone who was fired for sexual harassment or other indiscretions in past jobs. Go find another culture on this planet that feels any differently about someone who has committed crimes against society.

 

[Puffnstuff]

Our culture has made tremendous strides when it comes to helping those with a criminal record go back to work. The fact that the EEOC has implemented so many changes in the employment rules to help them shed the stigma of a criminal past helps those who have truly reformed. If a person has a violent history it's still possible for them to return to work as a productive member of society but they'll never be able to work in the same environments as a person who doesn't have one.

That is the price for committing those acts and is something that I believe should remain in place. Employees are entitled to a safe workplace and their needs supersede those of the violent person needing work. The OP needs to realize this fact, roll up his sleeves and find a job that will accept his criminal past. Supporting a family is a tough act and I had to do it alone for many years myself. Even so there are plenty of temp jobs out there to get started on again that will at least allow him to earn something while he tries to start moving ahead again. Since he has multiple criminal acts he definitely needs to get a formal education to help mitigate them if he is to have a chance for a good job in the future. Showing a potential employer that you got your ducks together and earned a degree will go a long ways to that end.

I've lost everything before and I had to pull up my bootstraps and try again. No life isn't fair but you have to keep pushing forward and look for opportunities for advancement.

 

[zinfamous]

No. Your comments about the justice system may be valid. But they have absolutely nothing to do with the subject of this thread.

Claiming that "our" (this country's) cultural biases are at work here is nearly as wrong. Employers have good reasons for not hiring felons. Same as they would not hire someone who was fired for sexual harassment or other indiscretions in past jobs. Go find another culture on this planet that feels any differently about someone who has committed crimes against society.

Ah, the punishment only and no one is ever worth reforming route. :thumbsup:

You'd make a great despot in some 3rd-world shithole.

 

[piasabird]

When you applied for the job didn't you know you had committed a felony? Sounds like you have a truthfulness issue. Maybe you can get a judge to clean that off your record if it is a minor offense. I knew a guy who had one felony for MJ and it haunted him wherever he went.

 

[MongGrel]

I had a minor traffic fine from Hawaii delay renewing my drivers license in Florida a couple years ago. Was a minor $30 thing. I didn't even know I had it, was just for not turning in the plate when I had a beach beater car junked.

It was 30 years old, some states seem to be digging for things these days and linking into new systems.

 

[BoomerD]

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.

You lied on the application. That by itself is cause for immediate termination. It's USUALLY better to be honest and explain if given the chance.

 

[JEDIYoda]

Which state are you in?

obviously he was in the state of confusion!!!