Will Companies Hire Somebody With a Sex Offense in Their Background
My question involves labor and employment law for the state of: OH
When I was an undergrad at university, I committed a felony sex offense and ended up serving three years of probation. Since then, I finished my bachelors, masters, and I've gone on to have a fairly successful professional career as a data analyst (four years). However, I'm now back on the job market and worries about background checks and having a job offers retracted. So the scenario is that I have a great job offer but I'm not sure whether the company will rescind my job offer if/when they dig up my improprieties from eight years ago. What are the legal factors that employers consider when they run a background check and find that a prospective employee has a felony?
Re: Rescinding a Job Offer
There isn't a standard, catch all for all companies. Whether a given company will consider your crime a disqualifying issue will vary.
Re: Rescinding a Job Offer
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free9man
There isn't a standard, catch all for all companies. Whether a given company will consider your crime a disqualifying issue will vary.
They will uncover it via the background check, right? I keep hearing the seven year rule thrown around but I'm assuming employers will look at conviction going back as far back as possible. Since my conviction was from eight years ago, the thought of it not showing up would be a relief, but I know that not how things usually work.
Re: Rescinding a Job Offer
The federal Fair Credit Reporting Act (FCRA) regulates the use of what the Act calls “consumer reports.” This includes more than just credit reports. It also includes third party background checks that an employer obtains on job applicants or employees. The employer must obtain the employee/applicant’s written consent to obtain the third party background report. If the employer takes adverse action because of information contained in the report, the employer must tell the employee/applicant that and also disclose what report it got the information from. This allows the employee/applicant to get a copy of it and review it for accuracy. The Act sets a 7 year time limit on reporting records of arrests but there is no time limit on reporting of convictions. Note that the employer is not at all limited by the FCRA in doing its own research for conviction records, e.g. Google searches, searches of court web sites, etc.,
A few states impose further restrictions on employers in the use of conviction information or what conviction information may be contained in a consumer report, but most don’t. Thus, it will matter in what state the employer is located as to whether there might be a state law that would help you.
Thus, in most places it is quite possible that your conviction may still show up on report that the employer obtains, even 8 years later, and that there will be no restriction on the employer using that information to deny you employment. But the state really does matter.
Re: Rescinding a Job Offer
"improprieties"? That's an interesting way of couching "felony level sex offense".
You might want to check whether or not Ohio allows prospective employers to rescind or revoke based purely on your criminal history.
Edit: I checked. No go. Sorry.
Re: Rescinding a Job Offer
An update.
They found out and of course retracted the offer. I know that I don't have a case, but I am shopping it around.
Re: Rescinding a Job Offer
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tonym9428
An update.
They found out and of course retracted the offer. I know that I don't have a case, but I am shopping it around.
Shopping what around? They had every right to rescind an offer based on the results of your background check.
You thlnk you won the lawsuit lottery?
This is the price you pay and the chance you take when you commit crimes.
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geek
Shopping what around? They had every right to rescind an offer based on the results of your background check.
You thlnk you won the lawsuit lottery?
This is the price you pay and the chance you take when you commit crimes.
Really? I thought I had a case and could make roughly $50+ trillion in a settlement. Bummer
Re: Rescinding a Job Offer
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tonym9428
Really? I thought I had a case and could make roughly $50+ trillion in a settlement. Bummer
Don't forget my cut.
Re: Rescinding a Job Offer
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tonym9428
Really? I thought I had a case and could make roughly $50+ trillion in a settlement. Bummer
They should have added poorly executed troll to the list of charges.
Re: Rescinding a Job Offer
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Dogmatique
Don't forget my cut.
He's going to have a hard enough time being taken seriously when he demands $50 trillion -- and you think he should ask for a $brazillion?
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Mr. Knowitall
He's going to have a hard enough time being taken seriously when he demands $50 trillion -- and you think he should ask for a $brazillion?
Only if said brazillion owns a nice beach house in Ipanema.
Re: Rescinding a Job Offer
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Mr. Knowitall
He's going to have a hard enough time being taken seriously when he demands $50 trillion -- and you think he should ask for a $brazillion?
Hey, I don't work for free :D
(Actually I do - but that's beside the point)