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Old 07-30-2013, 03:48 PM
 
Location: Western Washington
9,022 posts, read 8,440,387 times
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Quote:
Originally Posted by the_contrary View Post
As far as I know, it didn't come up in the interview. And on her job form, I'm pretty sure it only asked if she was convicted of a felony.

Also, since she left her last place I don't think she'd be eligible for unemployment.
Don't be so sure. I think that she may still be eligible. I have been told by my HR folks that whenever I submit a letter of resignation I should mention that I have accepted a job at company X. That way if the job falls through, I would till be eligible.

I have never had to test this though, and circumstances might be different for your friend because of the criminal charge.

 
Old 07-30-2013, 04:00 PM
 
Location: Arizona
5,510 posts, read 6,144,466 times
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Quote:
Originally Posted by fishbrains View Post
Don't be so sure. I think that she may still be eligible. I have been told by my HR folks that whenever I submit a letter of resignation I should mention that I have accepted a job at company X. That way if the job falls through, I would till be eligible.

I have never had to test this though, and circumstances might be different for your friend because of the criminal charge.
I'm certainly no expert either, but I'm thinking it might also hinge on if she lied during the recruiting process.
 
Old 07-30-2013, 04:03 PM
 
1,263 posts, read 2,775,067 times
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Quote:
Originally Posted by the_contrary View Post
As far as I know, it didn't come up in the interview. And on her job form, I'm pretty sure it only asked if she was convicted of a felony.

Also, since she left her last place I don't think she'd be eligible for unemployment.
Yes, she probably couldn't get unemployment on a "voluntary quit" from her old job. She wasn't officially employed at the new place,so no claim there either. It's one of those "life's not fair" situations with no recourse, unfortunately. That stinks.
 
Old 07-30-2013, 04:13 PM
 
1,263 posts, read 2,775,067 times
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Quote:
Do you know if this is difficult to do if she lives in a different state than where the misdemeanor took place?
I'm not sure. Every state has different rules, and some have simpler court systems for expungement than others. There are some legal forums online that have information.

Quote:
What's frustrating is that this is for a data entry office job (not accounting or any position where she can steal money). It's not retail where I can see employers being concerned about stolen products. Are they worried she's going to pocket a bunch of staplers and paper clips?
They probably have confidential customer information lying around back office areas, including bank account info or identity theft risk info. For instance, medical billing offices have more confidential info on you than your mother!

Have you ever worked in an office where things go "missing" and you suspect co-workers of stealing them? It's creates a horrible atmosphere even if it's just lunches being stolen. I'm not saying your friend would do that, of course, but it's a concern for employers.

I had a friend that worked at a huge phone bank in Florida with hundreds of employees. A memo went around warning staff to be on the lookout for gang activity among employees and to report any obvious gang colors or hidden knives to senior management. Guess how she felt about working the night shift after that! If only the customers calling in saw that memo...
 
Old 07-30-2013, 05:03 PM
 
Location: Ft. Myers
17,638 posts, read 11,210,207 times
Reputation: 37681
More and more companies are running background checks, looking at your Facebook, and generally trying to know who you are before you come aboard. In this electronic age there is not much that is private anymore. Even apartment complexes and landlords are running background checks and refusing you as a tenant if certain things come up.........especially evictions and felonies.

As for your friend, in most States an employer can let you go with no explanation. I think she should just lick her wounds and try to get the old job back or find a new one and be truthful up front.

Don
 
Old 07-30-2013, 05:03 PM
 
Location: Kansas
19,185 posts, read 15,051,305 times
Reputation: 18249
Quote:
Originally Posted by the_contrary View Post
Do you know if this is difficult to do if she lives in a different state than where the misdemeanor took place?



What's frustrating is that this is for a data entry office job (not accounting or any position where she can steal money). It's not retail where I can see employers being concerned about stolen products. Are they worried she's going to pocket a bunch of staplers and paper clips?
So, did she steal money the last time? There would still be other items that she could steal and some people steal to support habits so when money isn't available, they choose something else. They are worried, as the one I am quoting below about her character. She steals.

Quote:
Originally Posted by jaypee View Post
It's not that she'll steal anything, it's more about her character.
I would not be surprised if the application did not ask about misdemeanors, so maybe stealing isn't the only issue then.

I cannot believe that some people don't think that there is anything wrong with stealing. Well, it was less than $300.00.
 
Old 07-30-2013, 05:10 PM
 
3,083 posts, read 4,662,958 times
Reputation: 3524
Quote:
Originally Posted by AnywhereElse View Post
So, did she steal money the last time? There would still be other items that she could steal and some people steal to support habits so when money isn't available, they choose something else. They are worried, as the one I am quoting below about her character. She steals.



I would not be surprised if the application did not ask about misdemeanors, so maybe stealing isn't the only issue then.

I cannot believe that some people don't think that there is anything wrong with stealing. Well, it was less than $300.00.
People partake in all sorts of stupidity in their younger days, some still do it as they get older. Even after eight years, you think this petty theft should haunt her for the rest of her life, to the point that she's not allowed to make a living? So much for second chances.

FWIW, I don't have a criminal background, I'm just empathizing here.
 
Old 07-30-2013, 05:24 PM
 
Location: Arizona
5,973 posts, read 5,321,927 times
Reputation: 18060
Quote:
Originally Posted by Tekkie View Post
People partake in all sorts of stupidity in their younger days, some still do it as they get older. Even after eight years, you think this petty theft should haunt her for the rest of her life, to the point that she's not allowed to make a living? So much for second chances.

FWIW, I don't have a criminal background, I'm just empathizing here.
Would you hire the person with a conviction or a person with no record, all other things being equal?

I feel sorry for her. Young and dumb shouldn't follow you for the rest of your life but when there are many more people than jobs available these things happen.
 
Old 07-30-2013, 05:43 PM
 
1,263 posts, read 2,775,067 times
Reputation: 1880
Quote:
Originally Posted by thinkalot View Post
Would you hire the person with a conviction or a person with no record, all other things being equal?

I feel sorry for her. Young and dumb shouldn't follow you for the rest of your life but when there are many more people than jobs available these things happen.
That's actually the crux of it.

The restaurant that I worked at in the early 1990's hired lots of people with minor convictions because they had no other applicants. Unemployment rates were very low and low-paying jobs were a dime a dozen.

But now? You'd have to turn away job applicants without criminal convictions in order to hire the convicted thieves. Why not hire the person with a clean record instead?
 
Old 07-30-2013, 08:03 PM
 
1,006 posts, read 1,871,611 times
Reputation: 1556
If there was not a specific contingency regarding the background check, then she might have something.

What i wondered was if it was the existence of a minor criminal record or if the offer was revoked because she lied about her criminal past. usually, a minor crime wont sink the deal, but lying about it will.
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