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Old 07-30-2013, 12:53 PM
 
212 posts, read 837,106 times
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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?

 
Old 07-30-2013, 01:04 PM
 
2,633 posts, read 5,514,790 times
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Many companies do this - it's called a contingent job offer. Nothing your friend can do, but hope she gets the old job back.
 
Old 07-30-2013, 01:12 PM
 
Location: Hougary, Texberta
8,585 posts, read 11,070,781 times
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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.
 
Old 07-30-2013, 03:05 PM
 
1,263 posts, read 2,770,336 times
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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 03:09 PM.. Reason: typo
 
Old 07-30-2013, 03:07 PM
 
1,263 posts, read 2,770,336 times
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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 03:10 PM.. Reason: added description
 
Old 07-30-2013, 03:10 PM
 
Location: Arizona
5,509 posts, read 6,129,170 times
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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?
 
Old 07-30-2013, 03:30 PM
 
212 posts, read 837,106 times
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Quote:
Originally Posted by johnp292 View Post
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.
 
Old 07-30-2013, 03:36 PM
 
212 posts, read 837,106 times
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Quote:
Originally Posted by LOL_Whut View Post
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 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.
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?
 
Old 07-30-2013, 03:38 PM
 
2,008 posts, read 2,191,882 times
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I know someone who worked a week and then got fired for something similar. No recourse that I know of
 
Old 07-30-2013, 03:42 PM
 
Location: SF Bay Area
13,343 posts, read 17,402,276 times
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Quote:
Originally Posted by the_contrary View Post
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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