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I applied for a position in staffing which required a drug test & background investigation. I went through a 3 phase extensive interview process. It took around 3 weeks to get my approval. I started my job & had worked for a month. One day out of the blue, H.R. called me & said they were putting my file together & noticed I had checked "yes" on being convicted of a felony. I once again replied "Yes". I was told they would e-mail me a form to fill out that would be placed in my file. They said it was no big deal & would be kept confidential. I filled out the form & e-mailed it back. My felony was several years ago & was for checks. The next day I was merting with a client when I received a call from my District Manager. She told me I was being placed on Administrative leave & would still be paid. The same day, they had the locks changed to the company. I was told not to work any of my candidates & they would contact me. I still haven't heard anything. Can they fire me?

2006-12-27 15:59:34 · 18 answers · asked by Amelia 2 in Politics & Government Law & Ethics

18 answers

Enjoy the free pay check. They have made a few mistakes in not addressing this issue from the beginning of you hiring or before. Keep all information related to your case. Tape all phone calls for a record, Also after each phone call they make set down and type call out word for word he or she said and i said. double space them you are indeed preparing a device that can go to court. As you have a tape this should be a no brainer, Then your lawyer can simply ask you if you have a recollection of the conversation that took place on this date you can say better then that i have it all wrote down. Word for word.
A employer has a duty before hiring a person to investigate that persons application and to resolve any conflicts that may arise. In the case of your employer he did not use due care in his processing your application nor in the handleing of your case.
They will let it run for a time then they will let you go most likly thinking we have bought her off or that she will not sue us. They will try to declare there is no work for you. As they have placed you on administrative leave they may be checking the records of the company to make sure you have not stold anything or trying to research your contact with the clients to check on your conduct and make sure you have not stold from them.
They infact may be making you a wealthy person if they are slandering you in any way. When investigating things like this there is no such thing as private you can be assured your name is being trashed all over the place. Keep records and if you have any contacts from the office call them at home to get the low down. Also record these conversatons. Then type them out.
When they fire you file for unemployment and go to a lawyers and sue them. A good lawyer will smell a win on this one. It is a no brainer.
If they call you into work do go and take a tape recorder with you back to the company that you are actually working for alway keep your words few and record every last work. The recording are to help you in court and to make sure of the events.

2006-12-27 17:02:39 · answer #1 · answered by Thomas A 2 · 0 0

Since you did not lie on your application it should be in your favor. Being convited of a felony does not automatically deny you a job. It has more to go with the type of felony.

In your case you mentioned checks and if these by any chance were check from a previous work place then it would be bad. If personal checks maybe not a big deal.

And by the way - u did the right thing by being honest. A felony conviction will show up in a background check and would have been much worse had you lied. Right now you have some legal grounds, since they did hire you.

But I would talk to their HR dept and maybe even talk to an employment lawyer. Since the company did hire you, even after you had admitted to the felony, they have certain obligations to you and should not be able to just fire you.

You maybe able to get some kind of compensation since you were hired. You should talk to a lawyer.

2006-12-27 16:08:43 · answer #2 · answered by WhoMe 4 · 1 0

I've been doing background checks and records searches online for years, as it is part of my business. I am a former detective, and currently a professional private investigator by trade. What I can tell you is this: You cannot obtain these records for free. You simply cannot. For every service provided online, there is typically either a one time cost, or a fee you pay every single month. Some services are better than others.

Some more expensive, some less. In my line of work, I am signed up for a service where I am billed monthly. However, if you are just the average person needing information on a particular person or property, I would suggest http://www.echeck.pcti-system.com ... For a one time fee, they are by far the best, cheapest, and most thorough service available. If you are strictly in business like myself, and don't mind being billed automatically every single month, I would recommend E-Verify or Inteligator.

2014-09-24 12:02:49 · answer #3 · answered by Anonymous · 1 0

You can be fired for anything as long as it is not disciminitory. This is still America and it is still almost a free country. Companies can hire and fire who they want. It was good that you checked yes on the box though. Anything you were ever convicted of will show up on your record. I used to work as a recruiter and when someone checked yes on the box I would talk to them about it immediately. If it was serious (like a violent crime) I would tell them they couldn't have a job with us. If it was minor (like the checks) I would tell them they were probably all set, but it needed to be reviewed with my manager. If someone checked no on the box and we got a record back from their background check they would be let go immediately no matter what the offense was. If someone lies on their application we wanted no part of it. Always check yes if you have been convicted.

2006-12-27 16:41:09 · answer #4 · answered by Tim H 5 · 0 0

Ok, you were honest enough to check yes on the thing saying you had a felony, they ran a background check yet still didnt notice and hired you. Now they finally spot it and want to fire you? Well, they probably can do it but someone should be asking questions as to why nobody noticed that you had a felony and went ahead and hired you. Sounds like their H.R. people are flunkies and should be the ones getting fired.

2006-12-27 16:11:17 · answer #5 · answered by Anonymous · 1 0

Big B is retarded. It is considered fraud to lie on a job application, particularly about the felony question. All felonies matter, not just rape and murder. With that said, people can change, so I think you should talk to your district manager even though they probably have every legal right to fire you. You should have had some kind of probation or parole officer who can vouch for you.

2006-12-27 16:11:23 · answer #6 · answered by gumby 7 · 0 0

They probably want to fire you but are in the process of contacting their lawyers to see what they should do, since they obviously didn't notice until after the screening process and you'd been working awhile. Likely they'll fire you for something else. My good friend was young and dumb and drunk and hit a cop, so he was convicted of a felony. Since then he's gone through hell trying to find a decent job as a convicted felon. Best of luck to you.

2006-12-27 16:10:25 · answer #7 · answered by buffy s 2 · 1 0

Well if you don't get the job, you know they found something. They check you for priors like any arrests or any type of criminal activity you may have been involved in and arrested for. Even if you owe child support or speeding tickets. Yes, that bubble gum you stole way back will now come back to haunt you. Good luck...

2016-03-28 21:49:45 · answer #8 · answered by ? 4 · 0 0

nice try and nice con ....hidden in plain sight on page number one of the application you put a tiny check mark in the yes box. you know damn well you were hiding it when you didn't go out of your way and explain it. how many times have you filled out an application that says in the last seven years have you been convicted of a crime. jack-***, next time go out of your way and explain it was years ago and it wasn't for anything violent. here is even better advise. if you can stretch administrative leave plus the time you worked to 13 weeks you can get 13 weeks of unemployment. basically, 6 months severance for a nice little con....

2006-12-28 04:08:07 · answer #9 · answered by Anonymous · 0 1

I used that website http://www.echeck.pcti-system.com .. the one referenced by that detective guy. I found exactly what I was looking for. So much for Mr Right, or rather Mr Convicted Felon with 2 Liens against him totaling over 30,000$ and an ex-wife I never knew about!! Thank God I found out the truth before it was too late. We were almost engaged!!

2014-09-20 06:22:19 · answer #10 · answered by Anonymous · 1 0

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