background check and the applicant has stated that they have never been arrested under a misdemeanor or a felony but it comes back on the criminal check that they had been arrested for theft and charged with a misdemeanor 22 years ago, is it the responsibility of the employer to inform the applicant of these findings, or can they just assume this person is a liar and a thief and move on to the next applicant. I feel as if that person should know what is coming back on their history check because what if it is a mistake that needs to be taken care of. But LEGALLY, does the employer have to. BTW, this is Texas law I am asking about.
2007-09-08 06:56:07 · 12 answers · asked by Corona 5 in Politics & Government ➔ Law & Ethics
I think, and I may be wrong, that the other answerers have missed your central question. You want to know if you have a legal duty to disclose the information of the criminal records check, right? No you do not. You likely paid for this privileged information and therefore the information is yours to do with how you please.
On an aside, I would address it with the person anyway. It is possible that the person was given a conditional discharge, which essentially means that after complying with certain conditions for a period of time the record goes away. Often times, thanks to bureaucratic red tape, this is never removed even though it should be.
There are also errors in the legal system. Plenty of them, I am sad to say. We are representing someone in our firm right now, who at the age of 18, walking home from a party, entered into a garage whose door was open and being stupid kids, they farted around in there and took like a 5$ ratchet set. They were arrested, admitted to the offence and the judge was lenient. He took their age and the pettiness of the crime into account and told them in court that after a year of good behaviour they would not have a criminal record. (Conditional discharge). The court clerk incorrectly entered the conditional discharge as 1 year supervised probation. Probation is not a coviction alone but rather a sentance. By entering the term probation and not condition, she effectively marred that persons record for life with a conviction. This was discovered by our client when he tried to cross the US-CAN border and he is now appealing. For 14 years he had NO IDEA he had a criminal record.
Alternatively, people often misinterpret this question on an application. They mistake "Arrested or charged" with "convicted". Does it show a conviction? Lots of people are arrested or charged with things that never proceed to court.
While you may or may not chose to hire the person, this could be a simple misunderstanding that this person could avoid in the future if you share this information, but it would be out of the goodness of your heart, not any legal obligation.
2007-09-08 07:28:45 · answer #1 · answered by elysialaw 6 · 1⤊ 0⤋
Legally, you are not required to tell the applicant why he hasn't been hired.
HOWEVER....if the arrest happened so far in the past, your applicant is probably belives that it's not on his record. I would hesitate to call him a 'thief and a liar' over an incident that happened so long ago, esp. when you don't have the details. For instance, if a 'friend' told me I could borrow his car, and then called it in stolen, I would be charged with a felony. However, my intent was NOT to steal a car. This man may not be a thief. Wrongful prosecutions DO happen, each and every day.
In the end, it's really not good to get involved in this situation. He doesn't meet the criteria for the job, so move on. It's his responsibility to know what's on his record.
2007-09-08 07:03:48 · answer #2 · answered by Anonymous · 1⤊ 0⤋
There are no rules or niceties in the job vetting industry. The sooner young people realize this the sooner we'll be able to look behind the often political and class distinctions that are applied to keep people from getting jobs.
I recently applied for a sales job at Apple. My qualifications are twenty years of professional experience with apple computers, expertise in dozens of programs and the proven ability to explain and troubleshoot apple computers.
Apple put me through a ridiculous vetting procedure. I had to submit tax records from fifteen years ago!!!!!! Then after supposedly being vetted, spending a week of my life getting the documentation together for apple: THEY NEVER EVEN CALLED BACK TO TELL ME THEY WEREN'T HIRING ME.
Corporate America needs a lesson in manners.
In answer to your question: they will do whatever they want and you will have no power to find out about it.
It's called living in Republican times.
2007-09-08 07:07:38 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Most companies have to bond their employees and a felon cannot be bonded.Even after 50 years. But they usually will tell you why you are let go or not hired.if it is a mistake you will have to take care of it and get it off your record before they can hire you back. That is up to you to get it off and as long as your background shows felon,true or not they will not hire you.
univee above me. A company has to be bonded.It is the law and it is not the companies fault.
2007-09-08 07:07:48 · answer #4 · answered by ♥ Mel 7 · 0⤊ 0⤋
You are not required to explain why you do not hire someone. I have found that theft is one of the biggest reasons for denying employment. Company I worked for in Florida would hire a murderer before one with a theft record.
2007-09-08 07:05:00 · answer #5 · answered by sensible_man 7 · 0⤊ 0⤋
Any employer can ask for a criminal record check as you point out. They can either point out that this is a reason for not hiring; and it may be a good one if the person is stilll lying because evidently they are still not to be trusted after 22 years.On the other hand, they do not have to say why they are not hiring. Or, they could even go ahead and hire the person. It is up to the employer.
2007-09-08 07:01:10 · answer #6 · answered by hopflower 7 · 0⤊ 3⤋
Criminal Record Search Database : http://www.SearchVerifyInfos.com/Support
2015-09-08 15:46:30 · answer #7 · answered by Olin 1 · 0⤊ 0⤋
Accordingly, everyone seems to think that once a person is a criminal he's always a criminal. But I do not know how this work with the politicians who have criminal histories. Seems to me they get hired anyway. but for you or I, having criminal past is a bad mark for life.
2007-09-08 07:05:15 · answer #8 · answered by FILO 6 · 2⤊ 0⤋
legally to dismiss the employee yes they have to tell them the findings to simply not hire no however the person or employee has the right to see the finding regardless they just have to ask.
2007-09-08 07:04:32 · answer #9 · answered by Nick 5 · 2⤊ 1⤋
You have no obligation to explain to an applicant why they didn't get the job.
2007-09-08 07:03:14 · answer #10 · answered by shroomigator 5 · 4⤊ 0⤋