ST Alpha - "we offered a job last week to a guy. let's call him "chad" (because that's his name). we require a background check." (Reading a Post)

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In response to "Had an exciting weekend, did we? -- nm" by decline

we offered a job last week to a guy. let's call him "chad" (because that's his name). we require a background check.

Posted by amanda hk (aka amanda) Sep 16 '13, 07:58

"chad" was recently arrested for agg assault. his mugshot showed up online *after* we interviewed him for the first time. we didn't know of his record when we offered him the job.

he's accepted. we want to know if his background check will reveal the arrest and thus give us cause not hire him.

Responses:

you should be able to rescind the offer regardless, if they haven't started yet. -- nm - Don Homer Sep 16, 08:05
what if he's innocent? -- nm - 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 - amanda hk Sep 16, 08:05 7
  - I probably wouldn't -- nm - 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 - 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 - 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 - 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 - valid for pre-imployment hiring decisions. Sep 16, 08:37
      - we don't google people here. nm -- nm - groiny Sep 16, 08:10
  - I do not think I would. - groiny Sep 16, 08:06
- *ding* -- nm - znufrii Sep 16, 08:04
did anyone ask him if he had ever been arrested in the interview? -- nm - groiny Sep 16, 08:00 7
- I don't know that you can... - znufrii Sep 16, 08:02 5
  - pretty sure arrest status is not a protected class. -- nm - 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 - znufrii Sep 16, 08:13 2
      - here's the EEOC page on the subject. -- (link) - znufrii Sep 16, 08:16
      - well, McDonalds would never hire anyone if that was the case. nm -- nm - groiny Sep 16, 08:14
  - "we are doing a background check, that will not be a problem, correct?" - 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 - amanda hk Sep 16, 08:01

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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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