Friend accepted job, gave notice at current company, offer revoked due to misdemeanor. Can she do anything about it? (job offer, employee)
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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?
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.
Most companies don't complete a background check until they're ready to hire - it costs money. I'd imagine your friend's job offer was contingent upon several factors, including verification of citizenship/work eligibility, background check, etc.
Job offers are often revoked if a background search returns something the hiring company finds unacceptable.
You friend should get a lawyer and look into expungement of her conviction if her record's been clean for 8+ years. She should try to get her old job back in the meantime.
Last edited by LOL_Whut; 07-30-2013 at 04:09 PM..
Reason: typo
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!
Last edited by LOL_Whut; 07-30-2013 at 04:10 PM..
Reason: added description
Sadly it's common for background checks to be run after the offer is accepted. Did they ask her during the interview process if she had any convictions, and if so how did she answer.
I wonder how unemployment eligibility factors into this scenario?
Sadly it's common for background checks to be run after the offer is accepted. Did they ask her during the interview process if she had any convictions, and if so how did she answer.
I wonder how unemployment eligibility factors into this scenario?
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.
You friend should get a lawyer and look into expungement of her conviction if her record's been clean for 8+ years. She should try to get her old job back in the meantime.
Do you know if this is difficult to do if she lives in a different state than where the misdemeanor took place?
Quote:
Originally Posted by LOL_Whut
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.
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?
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?
It's not that she'll steal anything, it's more about her character.
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We finally stopped hiring anyone with shoplifting or retail fraud convictions of even tiny amounts. 
Jerks!