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Posts: 153
ML, if I am arrested for something but not yet convicted, does it show on a background check? (thanks.) -- nm
Posted by
amanda hk (aka amanda)
Sep 16 '13, 07:51
(No message)
Responses:
[deleted]
"asking for a friend." -- nm
-
Tim
Sep 16, 07:53
Had an exciting weekend, did we? -- nm
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decline
Sep 16, 07:53
21
Lock her up and throw away the key, officer -- nm
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ACME Cake and Candy si
Sep 16, 08:30
we offered a job last week to a guy. let's call him "chad" (because that's his name). we require a background check.
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amanda hk
Sep 16, 07:58
19
you should be able to rescind the offer regardless, if they haven't started yet. -- nm
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Don Homer
Sep 16, 08:05
what if he's innocent? -- nm
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decline
Sep 16, 08:03
9
he could very well be. but if you had charges pending and were totally innocent, wouldn't you say to us "hey, this is out there,here's what
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amanda hk
Sep 16, 08:05
7
I probably wouldn't -- nm
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decline
Sep 16, 08:07
Why should they bring up something that's not relevant to the job, won't show up in a background check
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znufrii
Sep 16, 08:07
4
but he had to know the mugshot would show up online, right? who doesn't google prospective employees? the timing was just very much in his
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amanda hk
Sep 16, 08:08
3
unless he has signed some special contract, just take away the offer. you're not under obligation here. -- nm
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Don Homer
Sep 16, 08:11
1
ML or other lawyers may be able to comment on Gregory v. Litton Systems, but just googling suggests that blanket exclusion based on arrest only isn't
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valid for pre-imployment hiring decisions.
Sep 16, 08:37
we don't google people here. nm -- nm
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groiny
Sep 16, 08:10
I do not think I would.
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groiny
Sep 16, 08:06
*ding* -- nm
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znufrii
Sep 16, 08:04
did anyone ask him if he had ever been arrested in the interview? -- nm
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groiny
Sep 16, 08:00
7
I don't know that you can...
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znufrii
Sep 16, 08:02
5
pretty sure arrest status is not a protected class. -- nm
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Don Homer
Sep 16, 08:06
3
I remember being told very specifically when I was a store manager that we could not ask about arrest history, only convictions. -- nm
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znufrii
Sep 16, 08:13
2
here's the EEOC page on the subject. -- (link)
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znufrii
Sep 16, 08:16
well, McDonalds would never hire anyone if that was the case. nm -- nm
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groiny
Sep 16, 08:14
"we are doing a background check, that will not be a problem, correct?"
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groiny
Sep 16, 08:05
no. not a question we normally ask. on the application, we ask if you've ever been convicted. he has not. -- nm
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amanda hk
Sep 16, 08:01
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