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  1. #1
    Join Date
    Oct 2008
    Posts
    9

    Default Demoted After a Background Check

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


    I was hired to my current place of employment on April 4, 2008. When I applied, I put my M1 Theft conviction on the application, I was asked by the employer about the crime, so I elaborated. I was told they would have to have my conviction checked with "home office" before I could be hired. I was then hired. After four months of working, I was brought up for a promotion. I was promoted, given and given a raise. A month later, the company decided to make me a full time staff member (salaried employee.)

    I then filled out paperwork and had it all submitted. A month goes by and I receive no word on the status of my new promotion. Eventually, my boss comes to me to tell me that due to my criminal backround, I would no longer be able to work the same position full time (now 24 hours a week in my office and 16 on the phones as a telemarketer) as well my second promotion had been denied because of the conviction. He then told me that I "should have never been hired to start with."

    Now my questions are as follows:

    First, my pay has been cut to less than I made when I started working for the company in April.

    Second, I am now considered to be the "lowest rank" in the office, however, they have me still doing my previous job, behind our "home office's" back



    Third, since I was honest about the conviction, can they demote me, and cut my hours and pay, because of the conviction?


    Any help would be great

    Thanks,

    Jason

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Demoted from Backround Check

    Yes, nothing illegal done by your employer here. (unless possibly you had a bona fide employment contract or CBA to the contrary)

  3. #3
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Demoted from Backround Check

    I had a verbal agreement with the branch manager, however I doubt that would hold up.


    The situation just upsets me, I understand that in committing a crime, I was wrong. However, should I really be punished because the company made a mistake? I have a stellar record with this company, and was demoted solely because they realized that I was convicted of a crime, even though I was totally honest about it and put it on my application. Unlike most people, I don't want to sue the company for money, I just want to be able to do my job.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Demoted from Backround Check

    So you should gain by the company's error?

  5. #5
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Demoted from Backround Check

    As of right now, they can't afford to have me not do the same job. So they keep me in the position 24 hours a week, for 25% less pay. I also have to put 40 hours worth of work into that 24 hours. My one conviction should not keep me from making the same wage as other people in the position.

    Should I gain from their error? No. I understand that I should have "never been hired." The fact remains that I was hired and employed for 7 months, when they finally read the paperwork in my file (that should have been read before I was offered a position) they cut my pay and stick me to the lowest position possible.

    I guess I view it differently since my charge was bogus to begin with. When an ex and I split, I kept "our" computer. She never asked for it back, but called the cops. She proved with the credit car receipt that she payed for it, and I was charged.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Demoted from Backround Check

    What you are failing to grasp is that you could legally have been demoted whether they read the information in the file or not. You could legally have been demoted had you never been charged.

    Barring a bona fide contract or CBA that specifically says otherwise, your employer can demote you as easily and as legally as he can promote you. Nothing in the law prohibits him from changing your position, regardless of what information is or is not in your file.

  7. #7
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Demoted After a Background Check

    Ok, I do understand. Thanks for the help, I do have one last question though.

    I was told termination may still be in the future because of this. Will this too fall within the same area of the law?

  8. #8
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Demoted After a Background Check

    Yes it would. Most employment is at-will. As Betty3 stated above unless you have a bona fide employment contract or CBA to the contrary, they can let you go for no reason, or any reason at all.

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Demoted After a Background Check


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