1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Loss Job Becasue Of Background check

Discussion in 'Employment & Jobs' started by Professor-Falken, Feb 5, 2008.

  1. Professor-Falken

    Professor-Falken Kilobyte Poster

    393
    2
    37
    I lost a job this week because of I a felony case pending. I was accused of something that I did not do.
    And I am waiting to go to trial what do you think I should do? Do you have any advice.
    A relative told me not to worry that not all companies perform the same background checks, and that just because one company found out that I have a pending felony that is to be resolved not all companies will turn up this information when performing a background check what do you think?

    Professor Falken
     
    Certifications: Comptia A+
    WIP: Comptia Network +
  2. Fergal1982

    Fergal1982 Petabyte Poster

    4,196
    171
    211
    surely if you have a pending felony/existing conviction, you are required by law to let your employer know that? If thats the case, when it comes up in your check, it wouldnt bother them so much.

    It really depends on what the felony is for i suppose.
     
    Certifications: ITIL Foundation; MCTS: Visual Studio Team Foundation Server 2010, Administration
    WIP: None at present
  3. AvD

    AvD Nibble Poster

    79
    0
    11
    if this was pending before you were offered the job and you failed to disclose it its your own fault.

    i am currently working in my local authority, in my cv i diclosed my criminal record, 1 crim damage (hit a window and the bugger broke)
    1 cultivating MJ.

    both cautions, but i disclosed them in my cv, and you know what? my boss said my honesty helped me get the job.

    if however this has happened during your work, and you failed to notify your boss, i would check your contract, if it states you must update them (as mine does) then once again your screwed.
     
    WIP: A+, MCAD
  4. tripwire45
    Honorary Member

    tripwire45 Zettabyte Poster

    13,493
    179
    287
    When you filled out your application, did you disclose that you had a felony case pending? If you didn't, they can deny you the job because of the failure to disclose, not because of the case itself. I've never been in a situation where I had a pending legal case when applying for a job, so I don't know what would happen (from my personal experience anyway) if you disclosed the information. It's possible you would have kept the job...at least pending the outcome.
     
    Certifications: A+ and Network+
  5. BosonMichael
    Highly Decorated Member Award

    BosonMichael Yottabyte Poster

    19,136
    462
    374
    You don't have to disclose that you have a felony case pending... you are only required to disclose if you have been convicted of a felony. If you HAVE been convicted, but you are appealing the case, you must disclose it because the conviction is on your record until you have appealed the ruling.

    All that said, I am not a lawyer... I would advise that you seek legal counsel for authoritative advice. Laws requiring felony disclosure vary from state to state. The last thing you need is for MORE legal action to be thrown at you for not following the laws in your state regarding felony disclosure.
     
    Certifications: CISSP, MCSE+I, MCSE: Security, MCSE: Messaging, MCDST, MCDBA, MCTS, OCP, CCNP, CCDP, CCNA Security, CCNA Voice, CNE, SCSA, Security+, Linux+, Server+, Network+, A+
    WIP: Just about everything!
  6. greenbrucelee
    Highly Decorated Member Award

    greenbrucelee Zettabyte Poster

    14,283
    254
    329
    You should always disclose the any convictions that are outstanding or pending when applying for jobs as it can lead to not getting the job.

    Good that you disclosed your convictions, and your boss saw your honestty got any orange bud :p
     
    Certifications: A+, N+, MCDST, Security+, 70-270
    WIP: 70-620 or 70-680?
  7. Modey

    Modey Terabyte Poster

    2,397
    99
    154
    I don't see why he should disclose a pending case myself. So much for innocent until proven guilty ...
     
    Certifications: A+, N+, MCP, MCDST, MCSA 2K3, MCTS, MOS, MTA, MCT, MCITP:EDST7, MCSA W7, Citrix CCA, ITIL Foundation
    WIP: Nada
  8. AvD

    AvD Nibble Poster

    79
    0
    11
    Rofl! i stoped doing the stuff before i got my job (used it to tackle depression & sleep disorder due to irl shite, although when i grew it, it was to shut my wife up. so kind aren't i?)

    as for disclosing when proven guilty/convicted. although i do see the points as GBL has stated you must disclose any out standing/pending charges, well in england anyway, its states this in my contract, but mind you i do work for the legal sector of my local authority (WHAT?!? they hired somone who cultivated marijuana? is the english government insane....Yes)

    if however you were working at the company, then this event popped up and you failed to notify your employer because you felt there was no need due to your innocence, then maybe when proven innocent you could work somthing out to get your job back, i do suggest following previous advice by getting legal advice, in england there is the citizens advice bureau.
    as well as a phone call to a solicitor.

    i do hope you get it all resolved as it had to be a kick in the nuts when that happened. even more so if you are innocent.
     
    WIP: A+, MCAD
  9. Phoenix
    Honorary Member

    Phoenix 53656e696f7220 4d6f64

    5,726
    175
    221
    I agree with the above, why on earth would anyone be required to disclose a PENDING case, unless you have actually been CHARGED with the offence and are awaiting trial (in which case, required or not, disclosure would of made A LOT of sense)

    American law in this matter is very different to our own, on my visa forms I had to disclose any ARRESTS, convictions or admissions of guilt
    ARRESTS, i mean, I could of got picked up because i looked like someone, got it all sorted out, and gone on my way, that's an arrest as far as I am concerned, not just arrests declared on your criminal record, seems odd to have to declare that ANYWHERE!

    That said, a pending felony is not a small matter by any means, I think the exact nature of the crime, and the state of the case would effect how much disclosure I gave.. it is often best to be honest though
     
    Certifications: MCSE, MCITP, VCP
    WIP: > 0
  10. tripwire45
    Honorary Member

    tripwire45 Zettabyte Poster

    13,493
    179
    287
    Sorry. I'd misread this before. Yeah, you aren't required to report a "pending" anything. Only a conviction. Innocent until proven guilty. If your employer specifically stated that they sacked you because you have a pending felony case (disclosed or not), I think you should see someone at the labor commission. This one smells.
     
    Certifications: A+ and Network+
  11. Mitzs
    Honorary Member

    Mitzs Ducktape Goddess

    3,282
    73
    152
    I don't understand, if he hasn't gone to court on it yet. How can it be on his record for a background check.
     
    Certifications: Microcomputers and network specialist.
    WIP: Adobe DW, PS
  12. Modey

    Modey Terabyte Poster

    2,397
    99
    154
    Nah this one wasn't Mitzs, but the 8 murders at his last job was. :)
     
    Certifications: A+, N+, MCP, MCDST, MCSA 2K3, MCTS, MOS, MTA, MCT, MCITP:EDST7, MCSA W7, Citrix CCA, ITIL Foundation
    WIP: Nada
  13. BosonMichael
    Highly Decorated Member Award

    BosonMichael Yottabyte Poster

    19,136
    462
    374
    In most states, a company can let him go for any reason at all (or for no reason whatsoever) except for age/race/sex/religious discrimination. Falken didn't likely lose the job because he didn't disclose the pending felony... he likely lost the job just because the pending felony was turned up in a background check. It's entirely legal in most states for them to not hire him or let him go because of that.
     
    Certifications: CISSP, MCSE+I, MCSE: Security, MCSE: Messaging, MCDST, MCDBA, MCTS, OCP, CCNP, CCDP, CCNA Security, CCNA Voice, CNE, SCSA, Security+, Linux+, Server+, Network+, A+
    WIP: Just about everything!
  14. BosonMichael
    Highly Decorated Member Award

    BosonMichael Yottabyte Poster

    19,136
    462
    374
    If I remember correctly, Falken is in the US, and US law is different in that you don't have to disclose pending charges - you only have to disclose convictions.
     
    Certifications: CISSP, MCSE+I, MCSE: Security, MCSE: Messaging, MCDST, MCDBA, MCTS, OCP, CCNP, CCDP, CCNA Security, CCNA Voice, CNE, SCSA, Security+, Linux+, Server+, Network+, A+
    WIP: Just about everything!
  15. greenbrucelee
    Highly Decorated Member Award

    greenbrucelee Zettabyte Poster

    14,283
    254
    329
    rofl :lol: I've got to wipe coke of my bosses monitor now.
     
    Certifications: A+, N+, MCDST, Security+, 70-270
    WIP: 70-620 or 70-680?
  16. tripwire45
    Honorary Member

    tripwire45 Zettabyte Poster

    13,493
    179
    287
    Yes, I know, but sometimes you can fight it if the circumstances are grossly unfair and particularly if a person's civil rights were violated. What we have here is a situation where a person lost their job for *being accused* of a crime. I can accuse anyone of anything, but it doesn't make it true, nor should there be consequences to the individual simply because they have been accused.
     
    Certifications: A+ and Network+
  17. BosonMichael
    Highly Decorated Member Award

    BosonMichael Yottabyte Poster

    19,136
    462
    374
    If there's too great a risk to hire him, then in most states, it's perfectly legal for them to let him go or not hire him. It's their prerogative to make that decision. It's no different than letting someone go because of a bad reference, a failed drug test, or the discovery of a lack of technical ability.

    Certainly he should seek legal representation if he feels that his rights have been violated. But in most states, he won't likely have a case. His counsel can let him know whether he does or not.
     
    Certifications: CISSP, MCSE+I, MCSE: Security, MCSE: Messaging, MCDST, MCDBA, MCTS, OCP, CCNP, CCDP, CCNA Security, CCNA Voice, CNE, SCSA, Security+, Linux+, Server+, Network+, A+
    WIP: Just about everything!
  18. twizzle

    twizzle Gigabyte Poster

    1,838
    33
    104
    For it to have gone to court he must have been arrested and that will show on the record, arrested and charged with what ever, even if still waiting to go to court fro conviction/ found innocent. Also you do not have to disclose any criminal records unless specifically asked for by the employer or if its asked for on an application form etc. If they don't ask you do not need to tell. However if you do not disclose and they find out later it can lead to them dismising you.
    I know this because i have been there! I did my PAT testing job after a background check even though i had a conviction, as i had disclosed this knowing the background check would show it anyway. And in that role i was working on Gorvernemnt premises such as police headquaters etc.
    Also after 5 years the conviction is considered spent and no longer needed to be disclosed. Mine ends this year in fact. And currently my employer does not know about it as they have never asked, or required any disclosure or checks, yet i have discussed it with work colleagues and am not going to hide it if asked even though i am not proud of it and am ashamed about it. It happened in a really bad point in my life and i have since moved on, and graetly changed person beacuse of this.
     
    Certifications: Comptia A+, N+, MS 70-271, 70-272
    WIP: Being a BILB,
  19. Mitzs
    Honorary Member

    Mitzs Ducktape Goddess

    3,282
    73
    152

    I think your a great person twizzle. You have lived and learned.

    Here in the states I have to yet see an application which does not ask for criminal background in the last 5-7 years. Some just ask if you have ever been convited of a Felon crime. (did I spell that right?) So if you have had a speeding ticket you don't have to write it down. DUI I belive you would have too. If he is in the states he would have to claim it if it happen before he filled out his application.
     
    Certifications: Microcomputers and network specialist.
    WIP: Adobe DW, PS
  20. twizzle

    twizzle Gigabyte Poster

    1,838
    33
    104
    Thank you Mitzs!

    I have found that over the years, once i explained the situation i was in most people have been understanding. And those taht met my EX are even more acommedating.

    In the UK most applications ask about any criminal convictions (emphasis on CONVICTIONS) but for some employers just being arrested is enough to say you can not be employed. Of course, here you can be arested for almost anything without being convicted later, i.e Disturbing the peace or being Drunk and Disorderly. SO long as no harm was done you might be arrested and left ina cell over night but not formally charged or convicted the following day, just let off witha warning. To some employers this would still be enough.
    With my job i worry that i won't be let into a country to work due to my conviction and thn i'll lose my job as i cant travel. This hasnt happened yet (and i go to Prague soon!) but a trip to the states might be the telling point! Would they let me in if i supply my own duct tape?
     
    Certifications: Comptia A+, N+, MS 70-271, 70-272
    WIP: Being a BILB,

Share This Page

Loading...