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Old 05-01-2013, 08:38 PM
 
Location: Evansville
200 posts, read 505,142 times
Reputation: 143

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Everyone keeps talking about getting the offer in writing but I have never had an offer in writing before. This will definitely go down as a lesson learned however it turns out. I had a start date from them. I will have electronic copies in my inbox tomorrow showing the case was dismissed but the fact that it was stated to me that having proof charges were dismissed might not be enough leaves me puzzled. What burns me even more is that this company sought me out specifically for this position. The person who recruited me told me not to worry as they have people in the company who they brought on even with convictions on their background report. I never had an in person interview. I did two interviews via phone, one with the hiring manager, and one with the company's HR department. This is a very well known company so I figured everything would be fine.
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Old 05-01-2013, 08:39 PM
 
Location: Evansville
200 posts, read 505,142 times
Reputation: 143
Quote:
Originally Posted by beera View Post
You NEVER put in a notice without a start date! Even if they say "yeah you got the job" that means NOTHING without the paper that is SIGNED!

GET that paperwork and show it was dismissed. I'd be on that ASAP...

Go back to your old boss, just tell him you realize you want to stay and ask to stay, if they are having a hard time replacing you than that's a good part in your favor.

As for this other company if you still want to work there get the paperwork, but do NOT put in a notice until you get the OFFER LETTER, it's signed by you AND them, and have a set start date.

An assault charge from 7 years ago that was dismissed is ridiculous to bring up!
I did go back to my current boss and told him the hang ups. He told me they haven't made any headway replacing me and will hold off and to just keep them updated. They really can't hold off too long though.
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Old 05-01-2013, 09:27 PM
 
2,528 posts, read 1,657,591 times
Reputation: 2612
Quote:
Originally Posted by BackinHenderson View Post
I was recently approached by another company to come to leave my current employer and come work for them. I didn't apply for them, they came to me.

They offered me the position this past Monday, I accepted and gave my employer my two weeks notice the same day. Now today they call me and tell me I may not be able to be hired because they misread my background check.

I have an assault arrest from 2006. I fought the case and it was dismissed without prejudice. They are saying I need to produce paperwork showing the dismissal of the case and it may still not be 100% guaranteed they can hire me now.

My current company is still struggling to replace me and told me to keep them in the loop but my loyalty has already been called into question.

I'm on the verge of a full on nuclear meltdown.
Why on earth did you give them a two week notice? In USA we have this great "At will" employment, they can call you to the office any second and kick you out with escort on the spot without any reason. So why do you need to give them a notice?
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Old 05-02-2013, 07:33 AM
 
Location: Evansville
200 posts, read 505,142 times
Reputation: 143
Quote:
Originally Posted by mash123 View Post
Why on earth did you give them a two week notice? In USA we have this great "At will" employment, they can call you to the office any second and kick you out with escort on the spot without any reason. So why do you need to give them a notice?
Maybe I want a positive future reference from them? No reason to burn bridges.
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Old 05-02-2013, 07:56 AM
 
17,815 posts, read 25,642,029 times
Reputation: 36278
Quote:
Originally Posted by BackinHenderson View Post
Everyone keeps talking about getting the offer in writing but I have never had an offer in writing before. This will definitely go down as a lesson learned however it turns out. I had a start date from them. I will have electronic copies in my inbox tomorrow showing the case was dismissed but the fact that it was stated to me that having proof charges were dismissed might not be enough leaves me puzzled. What burns me even more is that this company sought me out specifically for this position. The person who recruited me told me not to worry as they have people in the company who they brought on even with convictions on their background report. I never had an in person interview. I did two interviews via phone, one with the hiring manager, and one with the company's HR department. This is a very well known company so I figured everything would be fine.

You don't mention anywhere about this job being in another state, I find it odd you did no in person interviews. You got nothing in writing, sounded very informal. You're a long time poster on this board, you have read of other situations like this. You always get in writing(especially these days) your salary and your start date.

Also, you really need to keep at home paper copies of your 2006 clearance of your assault. You know this is "lurking" in your background, so you have on hand copies that you quickly come up with if they bring it up during a background check. Not trying to track down the paperwork after the fact.
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Old 05-02-2013, 07:58 AM
 
Location: Colorado
4,306 posts, read 13,473,128 times
Reputation: 4478
Oh brother, stop with the "You should have" comments! So unhelpful and irrelevant.

Are you in the process of getting the documentation proving the case was dismissed? If it's still in the records then someone should be able to track that down. If it was so long ago the record should be gone then maybe try contacting the people who ran the background check - you can dispute these.

I don't see why anyone should call your loyalty into question. There's nothing wrong with accepting a better offer from another company. Amazingly people do it all the time.
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Old 05-02-2013, 08:24 AM
 
Location: Raleigh, NC
19,441 posts, read 27,844,220 times
Reputation: 36113
Firstly, it is VERY odd that you did not receive an offer in writing. Especially if this is a big, well known company as you previously stated. As an ex-HR person, that makes me wonder about the entire situation.

Secondly, you signed something to allow them to run a background check. Within that document, there should be written rules as to how they have to disclose any 'questionable' findings. Usually it is in writing, within a certain number of days. Have they given you this information in writing? Also, within that document, there should be a procedure that explains how you can dispute the information on the background check.

The prevailing lesson her (to the OP and everyone reading this thread) is get it in writing. Don't give notice until you clear the background check. And DO give 2 weeks notice to your prior employer. If the new employer doesn't accept that you want to do the right thing to your current employer, do you think they are going to 'do the right thing' by you, as an employee, in the future? I think not. . .

Sorry this happened, and I hope you can get it all straightened out. With the documentation showing that the charges were dismissed, you should be good to go.
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Old 05-02-2013, 08:26 PM
 
Location: Evansville
200 posts, read 505,142 times
Reputation: 143
I'm good to go. I provided the necessary paperwork and I have been cleared for employment with this company. I asked them about an offer in writing given everyone's advice and they told me they stopped doing that a while ago. I know I have been in the same industry for almost three years and have never received an offer in writing.
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Old 05-02-2013, 09:50 PM
 
13,011 posts, read 13,050,479 times
Reputation: 21914
Congrats in getting that worked out.

An offer letter would not have helped in your case. A standard clause is to make the job contingent upon successful completion of a background check. So, had you not been able to provide proof that the charges had been expunged, the company would have been within its rights to withdraw the offer.

There are good things to get in writing. If you negotiate anything different from the standard benefits package, such as an additional week of vacation, get it in writing. Get your initial salary in writing as well. Clarification of title and rank is good too. Otherwise an employer could cut your salary and demote you on day one of your new job.
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