Can I get fired after getting hired by a background check? (necroed with new question

[Eomer of Aldburg]

Today I got hired as a line cook and dishwasher at a nice restaurant. On the application I was asked to fill out it only asked if I had ever been to or released from jail. I have never been to jail but I do have a gross misdemeanor charge of theft 2nd degree. In the HR office I was asked to fill out a background check form. My first day of work is tomorrow and I got a schedule + the normal hiring paperwork as of W2. Could I get fired from my job if they see my theft charge even though the application never asked if I had a misdemeanor charge and I was already hired? The theft was nearly a year a go, it was a stupid choice I made and is the only time I've been arrested. I haven't even received a traffic/speeding ticket ever.

 

[OrganizedChaos]

Absolutly. Where I work people have gotten escorted out years after being hired just because something showed up in a background investigation.

 

[JohnCU]

Originally posted by: OrganizedChaos
Absolutely. Where I work people have gotten escorted out years after being hired just because something showed up in a background investigation.

 

[DayLaPaul]

I would see about getting that expunged so that you can answer truthfully that you've never been to jail OR arrested.

 

[leegroves86]

Without going into details I had a similar situation as the OP. I was charged with a 'Conversion" misdemeanor about 4 years ago; I did probation for a year. 2 years ago I was hired by a electronics Fortune 500 company, they asked if I'd ever been charged with a felony... which I technically had not (although I was arrested). I never said a single thing about any of it. They did a background check and I guess it came back clean as a whistle and i've now worked for them faithfully for 2 years now. No problem.

At the time my lawyer told me that companies look into arrest records and not actual court records.... Appearantly arrest records can't be gotten rid of/expunged and its easier. It apparently didn't' make much difference for me. Oh, and I once paid $20 to do an online background check on myself; it came back clean. You might want to look into that.

I thing you're best to play it safe and not admit it; if they find out then you fcked but until then its worth the risk. If you say yes then you're about guaranteed to be fired.

 

[SearchMaster]

To be quite honest, just about every line cook/dishwasher I ever encountered in my restaurant days had a record. It is possible they could let you go but if you answered honestly, you'll probably be okay. Since it was a theft charge they may ask you to explain it though.

 

[RaistlinZ]

You answered the question truthfully. You've never been to jail. The question didn't ask if you've ever been tried for a crime, only if you've ever served jail time.

 

[SlitheryDee]

Originally posted by: OrganizedChaos
Absolutly. Where I work people have gotten escorted out years after being hired just because something showed up in a background investigation.

Letting someone go for a criminal record immediately after being hired is one thing, but doing it after years of service is ridiculous. Methinks the company was looking for a way to get rid of those people you're talking about. In which case, the background check would just be a handy excuse.

To the OP. They very well might let you go if something shows up on your background check, especially since it happened less than a year ago. I would let someone go in that situation.

 

[olds]

If the question was; "Have you ever been to jail?" and you haven't, then don't worry. I doubt that was the question though unless a retard wrote the application.
Generally it's; "Have you ever been arrested" or "Have you ever been convicted of a Felony". I've never seen one that asked about a misdemeanor but I have worked at the same place for the last 20 years.

 

[KK]

we had a guard at my place of work get canned because of a prior weapons issue 15 years ago. He probaby was on the job atleast 2 years. I guess the company that was contracted out for the security for the building changed but they kept the old workers, but with the new company they ran background checks and evidently they found his past record. It wasn't an immediate firing as the guy came around to my cubicle area one weekend and started going about how monday was going to his last day because they found this 15 year old weapons charge. you'd think if the security company had such a policy they would can him right on the spot.

 

[OILFIELDTRASH]

I wouldn't worry about it. If you go in and do a good job they will more than likely overlook your little misdemeanor even if they do find anything. Its not like you handle the money or anything.

 

[MotionMan]

Q: Have you ever been convicted of a felony?
A: Never convicted, no.



MotionMan

 

[BoomerD]

Topic Title: Can I get fired after getting hired by a background check?

No. The background check cannot fire you, BUT, you CAN be fired after you've been hired because of something that turns up in your background check...


Personally, I wouldn't sweat it...it's a fucking dishwasher/cook job...not the kind of place that should run a full FBI background check for Top Security clearance...as long as you didn't lie...and have NEVER been to jail...not even when you were arrested on the theft charge, you should be ok.
IF there's any question, simple tell them that you answered truthfully, you haven't been to jail, BUT, if they'd have asked about any arrests/convictions, you'd have answered that truthfully as well.

 

[Sea Moose]

Just dont tell them about your hepititis and aids, especially if your washing the dishes .... ewwww

 

[mugs]

Originally posted by: DayLaPaul
I would see about getting that expunged so that you can answer truthfully that you've never been to jail OR arrested.

I think by "answer truthfully" you mean "lie"

OP, do you understand the difference between jail and prison? Did they actually ask if you've been to jail rather than prison?

 

[Eli]

Yes. When I worked at Intel, I worked with someone for about a week until their background check came back.

 

[feralkid]

Originally posted by: MotionMan
Q: Have you ever been convicted of a felony?
A: Never convicted, no.



MotionMan

Stripes.

 

[jpeyton]

Every employment application I've seen only asks about being convicted of a felony. Employers don't care very much about misdemeanors.

 

[dizzilizzi]

my husband was hired 2 years ago at a company. He was arrested 2 weeks after he was hired, he never told his employer. To date he has not gone to trial and has not been convicted of anything. Yesterday his employer notified him that they were doing an investigation into this and suspended him until further notice. We are not sure how they found out, maybe just decided to do a background check after 2 years. Can they legally fire him for this? He did not lie on his application and the arrest has nothing to do with his employer or his job performance.

 

[Rage187]

Necro'd.

 

[Blanky]

my husband was hired 2 years ago at a company. He was arrested 2 weeks after he was hired, he never told his employer. To date he has not gone to trial and has not been convicted of anything. Yesterday his employer notified him that they were doing an investigation into this and suspended him until further notice. We are not sure how they found out, maybe just decided to do a background check after 2 years. Can they legally fire him for this? He did not lie on his application and the arrest has nothing to do with his employer or his job performance.

Might depend on state. Certainly in some an employer can fire you for almost anything they like as long as it doesn't directly affect civil rights, which is a specific list.

 

[Thebobo]

seems a legitimate question. Honestly I don't understand the necro hate. And Sorry I don't have an answer.

 

[Blanky]

seems a legitimate question. Honestly I don't understand the necro hate. And Sorry I don't have an answer.

The silliest is when somebody necros a thread with a post that is still on topic but a mod locks it. If old threads need to die, set a timer than they cannot be posted to after a year for example. I bet this thread is locked, and that's just not necessary.

If the reason for the necro seems relevant and adds new information, we've stopped locking them. If it's someone being an idiot and bumping an old thread needlessly, then we lock them. -Admin DrPizza

 

[Jeff7]

The silliest is when somebody necros a thread with a post that is still on topic but a mod locks it. If old threads need to die, set a timer than they cannot be posted to after a year for example. I bet this thread is locked, and that's just not necessary.

That used to be the case back in the Fusetalk days. Old threads became "archived" automatically, and were then read-only.


Now we're free to bring back 10-year-old threads.

 

[tortillasoup]

I see no problem with necroing. I have no idea why anybody cares about posting in an old thread.