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Old 05-07-2012, 09:40 PM
 
Location: Palo Alto
12,149 posts, read 8,417,223 times
Reputation: 4190

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Quote:
Originally Posted by ♪♫♪♪♫♫♪♥ View Post
According to that video, someone at Wells Fargo evidently went on record to state that, "federal law prohibits them from hiring anyone with a criminal record". Strange, on every application I've ever seen, it is very explicitly stated that criminal convictions do not necessarily constitute a barring from employment; that effectively implies that unless there's some law that applies only to Wells Fargo and possibly other similar institutions, then there IS no such federal law mandating an outright banning of people with criminal convictions as claimed by Wells Fargo.

Did I miss anything in this line of reasoning? If not, I think that poor lady could have legitimate grounds for a civil suit.
Look at the Patriot Act, as amended.
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Old 05-08-2012, 07:22 AM
 
5,481 posts, read 8,576,740 times
Reputation: 8284
I have a friend who was arrested when he was 20yrs old for being in a car that had heroin in it. At the time he was enrolled in college and graduated shortly after his arrest with a BA in criminal justice. He plea bargained and plead guilty. Was charged with a felony and recieved 5yrs probation. He's now 32yrs old and cant find work due to a felony he caught 12yrs ago. Every single interview he's been to has told him that the policy is they cant hire felons. He's not violent nor is he a hardened criminal. He just happened to make a bad judgement call and hitch a ride with some people he shouldnt had and now he's paying for it dearly due to the way our govt and judicial system works.
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Old 05-08-2012, 07:28 AM
 
1,182 posts, read 1,139,716 times
Reputation: 439
Quote:
Originally Posted by rbohm View Post
wells fargo is just complying with federal law;
It was a misdomeanor. I guess I could not work for them either because of my arrest for marijuana even though I did not get convicted because my dad was a lawyer. But I would not want to work there anyway.

Last edited by Bruin Rick; 05-08-2012 at 07:42 AM..
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Old 05-08-2012, 07:32 AM
 
23,838 posts, read 23,123,773 times
Reputation: 9409
Quote:
Originally Posted by deevel79 View Post
I have a friend who was arrested when he was 20yrs old for being in a car that had heroin in it. At the time he was enrolled in college and graduated shortly after his arrest with a BA in criminal justice. He plea bargained and plead guilty. Was charged with a felony and recieved 5yrs probation. He's now 32yrs old and cant find work due to a felony he caught 12yrs ago. Every single interview he's been to has told him that the policy is they cant hire felons. He's not violent nor is he a hardened criminal. He just happened to make a bad judgement call and hitch a ride with some people he shouldnt had and now he's paying for it dearly due to the way our govt and judicial system works.
I'm pretty sure he knew that a felony rap sheet would not get a Criminal Justice major a job in his field. His career ambitions died at the point he was arrested. It sucks that he can't find a job, for sure, but I sincerely hope that he hasn't held out hope for that dream job that he spent years in college trying to achieve. At some point, you have to cut bait and acknowledge that the life you lead is based on the decisions you make.

I'll point out that I never in my life ended up in car that was transporting heroin. Your buddy made more than a bad judgement call......his lifestyle was such that a car full of heroin was in the picture to begin with. Those types of things don't just happen unless you put yourself in that position.

I hope he's able to make ends meet. That's where my sympathy ends.
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Old 05-08-2012, 07:35 AM
 
1,182 posts, read 1,139,716 times
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Quote:
Originally Posted by las vegas drunk View Post
So why did it take 5 years to find it? I have never heard of a background check taking 5 years. There is more to this story than is being reported. Most likely, Wells Fargo got rid of her since she is close to retirement age.
More than likely you are right. She should get a lawyer and try to SUE them for it. 5 years? It takes 30 seconds to do a BG check. Even if they found it they are not required by any law to fire anybody. They should have simply moved her to a non bonded job and instructed her to apply for a pardon which I am fairly sure would have been granted.
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Old 05-08-2012, 07:37 AM
 
1,182 posts, read 1,139,716 times
Reputation: 439
Quote:
Originally Posted by deevel79 View Post
I have a friend who was arrested when he was 20yrs old for being in a car that had heroin in it. At the time he was enrolled in college and graduated shortly after his arrest with a BA in criminal justice. He plea bargained and plead guilty. Was charged with a felony and recieved 5yrs probation. He's now 32yrs old and cant find work due to a felony he caught 12yrs ago. Every single interview he's been to has told him that the policy is they cant hire felons. He's not violent nor is he a hardened criminal. He just happened to make a bad judgement call and hitch a ride with some people he shouldnt had and now he's paying for it dearly due to the way our govt and judicial system works.
Deny everything, don't talk to the cops, don't plead to anything without a lawyer especially a felony. Demand a jury trial if you need.
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Old 05-08-2012, 07:37 AM
 
Location: A great city, by a Great Lake!
15,896 posts, read 11,988,465 times
Reputation: 7502
Quote:
Originally Posted by Jaggy001 View Post
I agree.

Do we keep punishing people for the rest of their lives no matter what the crime?

While there are consequences for your actions, and violent crimes certainly warrant harsh punishment, no we shouldn't continue to punish people for the rest of their lives, especially when they've paid their debt to society.

Again, murder, child molesting, rape, ect.....even swindling someone out of their life savings, I have no sympathy for. Everything else is up for negotiation.
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Old 05-08-2012, 07:41 AM
 
1,182 posts, read 1,139,716 times
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Quote:
Originally Posted by las vegas drunk View Post
Yes I do. For one, I cannot get hired at any casino because of it. I nearly was about to lose my last job as a security guard because of it. I passed the initial check, but then 3 months they found the charge back in 1995. It was supposed to be expunged, and after calling the Arizona court I managed to at least keep my security license and therefore my job. I am sorry to be so vocal in this thread, but it really hits home with me personally. Now, with the economy so bad, I am screwed. The security companies now are not saying do not apply if you have any convicted felonies, they now say ANY criminal record is a disqualification.
Have you tried for a pardon? My dad was a lawyer and he did some pardon petitions for people and they got pardoned. If you have not been in any trouble for 12 years, you might get one.
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Old 05-08-2012, 09:21 PM
 
33,387 posts, read 34,841,834 times
Reputation: 20030
Quote:
Originally Posted by ♪♫♪♪♫♫♪♥ View Post
According to that video, someone at Wells Fargo evidently went on record to state that, "federal law prohibits them from hiring anyone with a criminal record". Strange, on every application I've ever seen, it is very explicitly stated that criminal convictions do not necessarily constitute a barring from employment; that effectively implies that unless there's some law that applies only to Wells Fargo and possibly other similar institutions, then there IS no such federal law mandating an outright banning of people with criminal convictions as claimed by Wells Fargo.

Did I miss anything in this line of reasoning? If not, I think that poor lady could have legitimate grounds for a civil suit.
if she didnt put the conviction down on her application, then that is also grounds for immediate dismissal as well. as for the wording on an application form, they are general forms used by just about every business, they are not business specific.

Quote:
Originally Posted by Bruin Rick View Post
It was a misdomeanor. I guess I could not work for them either because of my arrest for marijuana even though I did not get convicted because my dad was a lawyer. But I would not want to work there anyway.
an arrest is different from a conviction. you can have a long arrest record, but if you have no convictions chances are you could get hired on, especially since you only have to list convictions, not arrests unless otherwise asked.
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Old 05-08-2012, 09:56 PM
 
20,524 posts, read 15,901,778 times
Reputation: 5948
Quote:
Originally Posted by no1brownsfan View Post
While there are consequences for your actions, and violent crimes certainly warrant harsh punishment, no we shouldn't continue to punish people for the rest of their lives, especially when they've paid their debt to society.

Again, murder, child molesting, rape, ect.....even swindling someone out of their life savings, I have no sympathy for. Everything else is up for negotiation.
Baby rapers I have NO use for and they need to be, uh, taken care of. Tho a 19 YO dude making it with his 14 YO GF ain't child molesting IMHO.
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