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  1. #1

    Question Can I Be Denied a Job?

    My question involves a background check in the State of: Ohio

    I have been offered a job through a consulting firm for a major car manufacturer's financial division. The consulting firm notified me last week that I had been selected by the client for the position and have asked me to submit to a background check. The position is IT (Systems Information) related.

    I have 2 prior DUI's in 2003 & 2005 both were misdemeanor convictions and an unauthorized use of property charge (4th degree misdemeanor) from 1993.

    I have also prepared previous employer reference letters regarding my "trustworthiness" and was upfront to the consulting firm about my convictions.

    Do they have the right to deny my application based solely on my criminal record?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Be Denied a Job?

    They have the right to deny your application solely on the fact that the sky is blue and it's Monday.

    Most employers aren't worried about a couple misdemeanors, typically they only look for felonies, but that does not mean they cannot change their minds about your suitability as a candidate.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can I Be Denied a Job?

    As an employer, I would worry more about the pattern than the crimes themselves.

    I have hired felons... but they had proven, through subsequent history since the felony, that they had learned their lesson.

    I am not bagging on you... I am actually trying to help.

    I would come up with a mitigating factor to having a pair of DUI's... That screams to me, as an employer, that here is a person that doesn't learn from his mistakes or that doesn't believe the rules should apply to him.

    Or, that here is a person with poor "pattern recognition" skills.

    THAT is what you need to have your former employers put into their letters.

  4. #4

    Wink Re: Can I Be Denied a Job?

    First of all: Thanks so much for taking the time to answer my question.

    I've never had a problem before, but I find it interesting they can just not hire me because of these issues. It's seems rather discriminatory and I get the feeling that although I have the skills they are seeking and these issues have nothing to do with my job or the ability to do the job, I may not get hired.

    The next step in all of this will be a "DNA" check. (Maybe it can be extracted at my drug screening?).

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Can I Be Denied a Job?

    Quote Quoting jimjenkins69
    View Post
    First of all: Thanks so much for taking the time to answer my question.

    I've never had a problem before, but I find it interesting they can just not hire me because of these issues. It's seems rather discriminatory and I get the feeling that although I have the skills they are seeking and these issues have nothing to do with my job or the ability to do the job, I may not get hired.

    The next step in all of this will be a "DNA" check. (Maybe it can be extracted at my drug screening?).
    Of course it is discriminatory. Most discrimination is not illegal.

    Let me ask you this. If you owned a business, would you hire a convicted embezzler?

    Or if you owned a doctor's office, would you hire a convicted drug dealer?

  6. #6

    Default Re: Can I Be Denied a Job?

    I understand, however this line is very blurry. Felonious behavior certainly warrants a certain amount of caution. Of course an employer should have the right to hire anyone they want IMHO. But to blanket minor misdemeanors and petty crimes into the equation basically seems unfair and more discriminatory. Especially when the crime itself has no bearing on the job or was a result of a turbulant past. Frankly, my past decisions were wrong and I'll admit that, although who wouldn't. For the future I'll put reputation as more important than education & experience when it comes to employment.

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