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Old 07-30-2013, 08:15 PM
 
Location: Arizona
3,664 posts, read 5,545,428 times
Reputation: 2269

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OP did she mention the crime from the beginning? She should try and get it sealed or expunged if she can.

 
Old 07-30-2013, 08:19 PM
 
Location: California
4,402 posts, read 11,606,871 times
Reputation: 3129
Quote:
Originally Posted by the_contrary View Post
One of my friends was offered a new job, so she went ahead and submitted her two weeks notice at her current place and managed a week off between jobs. Her last day was Friday. The company ran a background check after they gave the offer, and because my friend has a misdemeanor from 8 years ago, they revoked her offer - less than a week before she was supposed to begin.

Is there anything she can do? The misdemeanor is regarding a petty theft (under $300) in a different state and she feels really stupid about it. If she can't get her old job back, she'll be SOL. And what kind of company runs a background check AFTER proposing an offer?
1. Most of them run the background after the offer...in fact that is standard. And, the offer was made contingent on PASSING the background. I am thinking more that the concern should be on the person who knew about the misdemeanor for theft in the background and quitting the first job knowing the new job would be doing a background.

And, stupid or not, a petty theft conviction SHOULD raise eyebrows.

And no, there is nothing she can do.
 
Old 07-30-2013, 08:21 PM
 
Location: California
4,402 posts, read 11,606,871 times
Reputation: 3129
Quote:
Originally Posted by mikeyyc View Post
The law varies state to state, but generally a company can only check for felonies and recent misdemeanors. I'd have her do some research, but the best bet would be to go see if she can get her old job back.
This is incorrect. Only a few states by statute limit the background timeframe that is applicable. CA has a 7 year period, states like OH have a 15 year period in which you are able to look...but I know of NO state (and there is no law on the Federal Level) statute that limits it to "recent"
 
Old 07-30-2013, 08:21 PM
 
Location: Arizona
3,664 posts, read 5,545,428 times
Reputation: 2269
Quote:
Originally Posted by thebunny View Post
1. Most of them run the background after the offer...in fact that is standard. And, the offer was made contingent on PASSING the background. I am thinking more that the concern should be on the person who knew about the misdemeanor for theft in the background and quitting the first job knowing the new job would be doing a background.

And, stupid or not, a petty theft conviction SHOULD raise eyebrows.


And no, there is nothing she can do.
I don't complete agree....especially from 8 years ago. If it was a couple months ago that's a different story but how long should they suffer for?
 
Old 07-30-2013, 08:24 PM
 
Location: California
4,402 posts, read 11,606,871 times
Reputation: 3129
Quote:
Originally Posted by LOL_Whut View Post
Although $300 misdemeaner theft isn't as big a deal as a violent crime, it will still gives many employers pause because almost every company has items that they worry about being stolen. And then there's the matter of employees potentially stealing from customers, possible identity theft fraud, and so on.

When I worked in a restaurant, almost every employee who stole from us had a prior misdemeanor that management excused in the hiring process. We finally stopped hiring anyone with shoplifting or retail fraud convictions of even tiny amounts.

Employees with DUIs were almost never a problem (but we didn't hire them for drivers, obviously).

We did have one guy with two misdemeanor domestic violence convictions go over the edge and get dragged out by the cops. It was scary! I was pretty upset that management had me working alone with him late at night and they never told me he was still on probation and everything for beating women. Jerks!
And, imagine if your wallet was stolen while you were at work by a coworker and you discovered that the person who stole it was a person with a petty theft conviction...and that it was revealed on a background check and the company knew.

There are reasons backgrounds are relevant. Yes, it makes the person have to struggle to get past a criminal past...but at the same time, "You did the crime do the time" is a cliche for a reason.

And, the reason they didn't tell you? Because the results of the background check are confidential.
 
Old 07-30-2013, 08:36 PM
 
Location: California
4,402 posts, read 11,606,871 times
Reputation: 3129
Quote:
Originally Posted by mattywo85 View Post
I don't complete agree....especially from 8 years ago. If it was a couple months ago that's a different story but how long should they suffer for?
Honestly? As long as they are going to have access to my purse, to my personal belongings, or to the information of others.

I do not have a criminal record. As another poster on this thread has said, I chose to NOT steal, the person with the record chose TO steal. And, you know what? Yes, my rights to work with people who are not thieves SHOULD trump those of people who commit crimes. And, I would expect my employer to also be as concerned.

Is that harsh? Yes...but I have had my wallet stolen by a coworker who DID have a record. My debit card was stolen and in the hour before I was able to get the card turned off (you first think you put your wallet somewhere odd so it takes a minute) my account was drained...and the money that was there for my RENT was also drained. Yes, I got it back...but not before having to borrow the money to pay my rent (I was 22 at the time, with no real savings). And, I started having to keep my wallet in the car and only bring in my car keys to work. That was great. Did they catch the person? Yes. And he had a theft record...it was just a petty one though. And as I recall it was a couple of years old...no I am not saying that all people will do this...but I am saying that there is a chance that once someone steals something that they WILL do it again.
 
Old 07-30-2013, 08:36 PM
 
107 posts, read 346,453 times
Reputation: 103
Not every misdemeanor is created equal. Petty theft is still theft and it could indicate to a potential employer that the prospective employee could grab something while they are not looking, if it is a company pen or a stapler. Stealing is stealing.
 
Old 07-30-2013, 08:44 PM
 
Location: NJ
18,677 posts, read 17,063,175 times
Reputation: 7282
No one should give notice until the background and drug or any other tests results are in.
 
Old 07-31-2013, 02:44 AM
 
1,339 posts, read 2,968,321 times
Reputation: 2220
Quote:
Originally Posted by mattywo85 View Post
I don't complete agree....especially from 8 years ago. If it was a couple months ago that's a different story but how long should they suffer for?
But that doesn't tell me that she has stopped stealing! Maybe she still is a thief... ...she's just became good at avoiding arrest since her rookie mistake!

I did stupid things too while growing up, but I had enough sense (thanks to my parents) to know where to draw the line. Stealing a Klondike bar from your own freezer... ...stupid; stealing something that does not belong to you... ...unacceptable.
 
Old 07-31-2013, 08:08 AM
 
10,604 posts, read 14,196,742 times
Reputation: 17201
Quote:
Originally Posted by the_contrary View Post
One of my friends was offered a new job, so she went ahead and submitted her two weeks notice at her current place and managed a week off between jobs. Her last day was Friday. The company ran a background check after they gave the offer, and because my friend has a misdemeanor from 8 years ago, they revoked her offer - less than a week before she was supposed to begin.

Is there anything she can do? The misdemeanor is regarding a petty theft (under $300) in a different state and she feels really stupid about it. If she can't get her old job back, she'll be SOL. And what kind of company runs a background check AFTER proposing an offer?
NO. EVERY major company does it that way. I got rehired by my former Fortune 500 company in another state and it was clearly stated during the hiring process that you will be terminated if the background check reveals anything even AFTER you started work. Now that I think about it I got hired twice by them and a former parent company of theirs (the phone company) 7 years apart in different states and it was the same. I guarantee you she KNEW that going in. The only way to know for sure if there was something done wrong is to see an employment lawyer to review the documentation she received.
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