The ridiculousness of background checks.

[Antisocial Virge]

I think I'm going to go in, give local HR the arrest record, and demand they honor the offer I accepted in good faith.

Nothing like starting a new job on a good note.

 

[spidey07]

Originally posted by: amdforever2
The arrest is three years old.

If they wanted to charge they would have done it by now.

Hate to bring it up, but you were arrested.

Some companies don't want people who have been arrested. their right not to hire someone who has been arrested.

 

[BigJ]

Originally posted by: amdforever2
An arrest should not, and according to wiki is not, an acceptable reason to refuse to hire someone.

Don't believe everything you read on Wiki.

 

[TitanDiddly]

Why were you arrested?

 

[totalcommand]

Originally posted by: BigJ

Originally posted by: amdforever2
An arrest should not, and according to wiki is not, an acceptable reason to refuse to hire someone.

Don't believe everything you read on Wiki.

indeed. now that i look at it - http://www.searchinfo.com/resources/arrestwp.pdf

Summary
It is a common belief that the Equal Employment Opportunity Commission (EEOC) prohibits the use of arrest
and misdemeanor information in the hiring process. As is discussed below, this is not the case. What the EEOC
does prohibit is the use of arrest and misdemeanor information to exclude an applicant from employment
without considering the four factors below. Furthermore, what many employers do not realize is that the EEOC
also requires that they consider the last three of the following four factors in determining whether even an
applicant?s felony conviction is grounds for denying employment.
1. Did the applicant actually commit the offense?
2. What is the nature and gravity of the offense?
3. How long ago was the offense?
4. What is the nature of the job being applied for?

looks like you're screwed.

 

[spidey07]

Originally posted by: BigJ

Originally posted by: amdforever2
An arrest should not, and according to wiki is not, an acceptable reason to refuse to hire someone.

Don't believe everything you read on Wiki.

Exactly.

Just like pulling your credit report.

It is just another indication of character.

Having an arrest record or poor credit or a certain personality type is not covered under EE protection as far as I know.

 

[Linflas]

When I accepted my first real full time job after college I put in my 2 weeks notice with the bank I had been working at my last 2 years of school plus about 8 months after graduation as a teller. On my last day of work I get a call from the new job and the guys says something has come up on my record. I was racking my brain trying to think what it could be since I have never been to jail in my entire life.

It turned out to be a drinking in public ticket I was given 2 years prior. When the cop gave me the ticket it was on the same yellow form they use for traffic tickets etc and I paid it just like I would any other traffic ticket. The application asked if I had ever been arrested for anything excluding minor traffic offenses and I thought I was being honest when I said no. They told me that this could be grounds for rescinding the offer but after I explained the above they gave me a BS lecture about answering that question correctly in the future and I went to work for them the following Monday as scheduled.

 

[amdforever2]

Would you think they intend to use the arrest to rescind when corporate and local HR have said they are only interested in finding a conviction, and that if they find none, everything is fine?

 

[BigJ]

Originally posted by: amdforever2
Would you think they intend to use the arrest to rescind when corporate and local HR have said they are only interested in finding a conviction, and that if they find none, everything is fine?

If you've acted as pompous to them as you have to the people in this thread? Yes.

If you've conducted yourself in a professional manner through the situation, then it's probably just something they want to clear up before they hire you.

 

[Svnla]

Depends on what state you live in.

Down south here, the employer can fire you for any "just" causes as long as they are not based on race/sex/sexual orientation/religious/and such.

Good luck to you, OP. Look like the company HR is screwing up. They should do a better job before they sent out the offer letter.

 

[amdforever2]

So far I have been wonderfully cooperative with the company.

Although, I bet they can sense the sheer terror in my voice every time I call them.

 

[jagec]

Originally posted by: amdforever2
Ever heard of innocent until proven guilty b*tch?

I wasn't proven guilty, that means innocent, that means no criminal past.

This is a hiring process, not a criminal case :roll:

 

[tjaisv]

Cool employers dont do background checks.

 

[PrinceofWands]

Originally posted by: Regs
Wow, what bull crap that they even have a arrest on your record that you were not even found guilty for.

It happens all the time actually. I had to fight for 4 1/2 years to clear my record after my divorce, even though I was never once officially charged with anything.

 

[FallenHero]

Had I even gotten arrested once that would have DQ'd me on mine.

 

[ironcrotch]

So, amdforever2, any update on your situation?

 

[gigapet]

lawyer up and get ready to SUE SUE SUE!!!! sue the police department, sue the town, sue this company and sue your old employer for goo dmeasure.

retire on your winnings.

 

[OutHouse]

Originally posted by: amdforever2
I was not prosecuted because there was no evidence because I did not commit the crime they allege I did.

This is not something that shows up on a criminal record check.

It took me hours at the police station to even find a record that mentioned this incident. The record retrieved is only accessible by me.

The employer found it by processing a fingerprint background check.


My fingerprints were associated with this. They want me to prove I didn't get charged, and due to the uncooperativeness of local courts that's difficult.

I gave them the report that says all the police did with me was let me go.

This is not a sealed record because there is no record to seal. There is a simple arrest and then letting me go.




A nice country this place will be when the very allegation of a crime can blacklist someone for life.

ummm i guess it does....

 

[OutHouse]

Originally posted by: jagec

Originally posted by: amdforever2
Ever heard of innocent until proven guilty b*tch?

I wasn't proven guilty, that means innocent, that means no criminal past.

This is a hiring process, not a criminal case :roll:

Pwoned.

 

[Garet Jax]

Originally posted by: amdforever2
Even if my laws didn't favor my position, their very own offer letter does.


It says they retract only in the event of drug test failure or found conviction.

That may be true, but they can fire you the first minute after you start if they want (especially if it is an "At Will" state).

 

[pontifex]

Originally posted by: LikeLinus

Originally posted by: amdforever2
I was not prosecuted because there was no evidence because I did not commit the crime they allege I did.

This is not something that shows up on a criminal record check.

It took me hours at the police station to even find a record that mentioned this incident. The record retrieved is only accessible by me.

The employer found it by processing a fingerprint background check.


My fingerprints were associated with this. They want me to prove I didn't get charged, and due to the uncooperativeness of local courts that's difficult.

I gave them the report that says all the police did with me was let me go.

This is not a sealed record because there is no record to seal. There is a simple arrest and then letting me go.




A nice country this place will be when the very allegation of a crime can blacklist someone for life.

Again, details. What happened and why were you picked up??

exactly, the police don't just come to your house and arrest you for nothing.

it sounds like the police found your fingerprints at the scene of a crime.

maybe op was caught trying to steal vibrators or something. maybe thats why he is afraid to tell us.

 

[gigapet]

 

[wvtalbot]

Originally posted by: gigapet

Wow, I wonder if the op acts the way he does at his job as he does on here, maybe we should let loke send them a copy of this thread.

 

[fitzov]

 

[NikPreviousAcct]

Originally posted by: MX2times
STOP BREAKING THE LAW ASSHOLE!

j/k

Thanks, I just dropped a Hall's cough drop from my mouth onto the floor and all my laughing as got me coughing and hurting.

Jerk.