Hi,

I recently got a job as a computer consultant, i even signed the
contract but havent started yet. shortly after, my background check
revealed a misdmeanor (selling alcohol to a minor from a previous
job). Now the company has to decide what to do with me, i am still
waiting for the final decision. i guess my question is, do they have
solid ground on which they can deny me the job, needless to say that i
have already put in my 2 weeks notice with my present employer. any
input is very much appreciated.

casa,
Ohio

casa <ohio_m36@yahoo.com> wrote:I recently got a job as a computer consultant, i even signed thecontract but havent started yet. shortly after, my background checkrevealed a misdmeanor (selling alcohol to a minor from a previousjob). Now the company has to decide what to do with me, i am stillwaiting for the final decision. i guess my question is, do they havesolid ground on which they can deny me the job, needless to say that ihave already put in my 2 weeks notice with my present employer. anyinput is very much appreciated.

If you filled out an employment application that asked about your
previous convictions (or arrests) and didn't mention that, then *of
course* they have "solid ground" to deny you the job.

But even if you didn't, they can probably refuse to hire you. Most
states follow the "employment at will" doctrine, which means you can
quit any time you want to and they can fire you any time they want to.
They don't have to have a reason. In this case it's possible that
they will "fire" you before you start work there.

Depending on the laws of your state and the terms of the contract you
signed, it's possible that they might owe you the standard "severance"
pay (often 2 weeks). That's about it.

If you want a more detailed answer, please say what state this was
in.

This is for discussion purposes only, and is not legal advice. I'm
not a lawyer. If you want legal advice, hire a lawyer.

--
I pledge allegiance to the Constitution of the United States of America, and
to the republic which it established, one nation from many peoples, promising
liberty and justice for all.

casa wrote: Hi, I recently got a job as a computer consultant, i even signed the contract but havent started yet. shortly after, my background check revealed a misdmeanor (selling alcohol to a minor from a previous job). Now the company has to decide what to do with me, i am still waiting for the final decision. i guess my question is, do they have solid ground on which they can deny me the job, needless to say that i have already put in my 2 weeks notice with my present employer. any input is very much appreciated.

It certainly depends on what the contract says.

It REALLY depends on how you answered the question: "Have you ever been
arrested?" If you said "No," you're toast because almost any employment
contract or agreement is contingent on truthful answers to the employment
application.

Would you hire someone who contributed to the delinquency of a minor?

In article <s88div41o0ofrga3g29u3sjck7d8nveb15@4ax.com> in
misc.legal.moderated, casa <ohio_m36@yahoo.com> wrote:I recently got a job as a computer consultant, i even signed thecontract but havent started yet. shortly after, my background checkrevealed a misdmeanor (selling alcohol to a minor from a previousjob). Now the company has to decide what to do with me, i am stillwaiting for the final decision. i guess my question is, do they havesolid ground on which they can deny me the job,

Did your employment application ask if you had ever been convicted
of a crime? If so, did you answer truthfully?

Apart from anything else, employers often fire employees for lying
on an employment application, and most people agree that's
reasonable cause. On the other hand, if you disclosed your previous
conviction then it's not new information and your new employer would
be acting unreasonably in firing you based on that information.

But here's the bad news: Employers are generally allowed to be
unreasonable, and fire employees for any reason or no reason (with
the usual civil-rights exceptions). Since you're a computer
consultant, I'm guessing you're not covered by a union contract. If
you have any sort of employment contract with the company, that
_may_ give you some protection.

Bottom line: If they fire you, you probably have no recourse. You
might _possibly_ be able to collect some money if the company acted
in really bad faith, e.g. arbitrarily changing its mind after
knowing you had quit your old job. But you would definitely need to
consult a lawyer, and I wouldn't give much for your chances.

--
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com

In article <s88div41o0ofrga3g29u3sjck7d8nveb15@4ax.com>,
casa <ohio_m36@yahoo.com> wrote:Hi,I recently got a job as a computer consultant, i even signed thecontract but havent started yet. shortly after, my background checkrevealed a misdmeanor (selling alcohol to a minor from a previousjob). Now the company has to decide what to do with me, i am stillwaiting for the final decision. i guess my question is, do they havesolid ground on which they can deny me the job, needless to say that ihave already put in my 2 weeks notice with my present employer. anyinput is very much appreciated.

A) did they _ask_ you about any prior convictions?

B) if so, *what* did you answer?

C) What does the _contract_ say about them terminating you at _any_ time?

bonomi@c-ns (Robert Bonomi) wrote in message
news:<2vnfivo4e5efa8v2tq7f1ggm52k2jbjv1i@4ax.com>... In article <s88div41o0ofrga3g29u3sjck7d8nveb15@4ax.com>, casa <ohio_m36@yahoo.com> wrote:Hi,I recently got a job as a computer consultant, i even signed thecontract but havent started yet. shortly after, my background checkrevealed a misdmeanor (selling alcohol to a minor from a previousjob). Now the company has to decide what to do with me, i am stillwaiting for the final decision. i guess my question is, do they havesolid ground on which they can deny me the job, needless to say that ihave already put in my 2 weeks notice with my present employer. anyinput is very much appreciated. A) did they _ask_ you about any prior convictions?

Thanks Guys, this doesnt sund good from i what i read here, i guess i
am screwed, but haven't given up yet, i am still waiting for that
final decision plus i am working on filing my case to be sealed and i
do meet all the criterias for that. by the way this is in Ohio.

on the application they asked if i had ever been convicted of any
crime, so i truthfully answered No, thinking the question asked about
a felony.(i don't remember the exact phrasing of the question) B) if so, *what* did you answer?
Truthfully No C) What does the _contract_ say about them terminating you at _any_ time?
The contract states, dependency on the background check and drug test.

My beef with all this, is why was the background done after i signed
the contract, was told to quit my job when they could have done it the
first day i signed the consent form, thus saving me and themselves all
the grief.

bonomi@c-ns (Robert Bonomi) wrote in message
news:<2vnfivo4e5efa8v2tq7f1ggm52k2jbjv1i@4ax.com>... In article <s88div41o0ofrga3g29u3sjck7d8nveb15@4ax.com>, casa <ohio_m36@yahoo.com> wrote:Hi,I recently got a job as a computer consultant, i even signed thecontract but havent started yet. shortly after, my background checkrevealed a misdmeanor (selling alcohol to a minor from a previousjob). Now the company has to decide what to do with me, i am stillwaiting for the final decision. i guess my question is, do they havesolid ground on which they can deny me the job, needless to say that ihave already put in my 2 weeks notice with my present employer. anyinput is very much appreciated. A) did they _ask_ you about any prior convictions? B) if so, *what* did you answer? C) What does the _contract_ say about them terminating you at _any_ time?

I just need to add here for clarification, the misdemeanor did NOT
result in an arrest or imprisonement, just a fine.

JerryMouse wrote:
It REALLY depends on how you answered the question: "Have you ever been arrested?"

In many states, that question is illegal, except for security clearance.

"casa" <ohio_m36@yahoo.com> wrote in message
news:915tivcu2b11gc942uivb31eebumosmr7s@4ax.com... bonomi@c-ns (Robert Bonomi) wrote in message news:<2vnfivo4e5efa8v2tq7f1ggm52k2jbjv1i@4ax.com>... In article <s88div41o0ofrga3g29u3sjck7d8nveb15@4ax.com>, casa <ohio_m36@yahoo.com> wrote:Hi,

<snipped>
My beef with all this, is why was the background done after i signed the contract, was told to quit my job when they could have done it the first day i signed the consent form, thus saving me and themselves all the grief.

Interestingly enough, or sadly depending on your point fo view - I have seen
quite a few companies do this in recent years. I think they do it this way
because of costs. If they ran background checks on every applicant for
every job it would be very costly. Also, they may have assumed the
background check was nothing more than a formality - you had told them you
had never been arrested. They relied on what you said, they have a right to
check on what you said, and, sadly, they found out what you said was
incorrect.

I fear you will have very little recourse.

Gene E. Utterback, EA

ohio_m36@yahoo.com (casa) wrote in message
news:<915tivcu2b11gc942uivb31eebumosmr7s@4ax.com>... A) did they _ask_ you about any prior convictions?
on the application they asked if i had ever been convicted of any crime, so i truthfully answered No, thinking the question asked about a felony.(i don't remember the exact phrasing of the question)

Both felonies and misdemeanors are crimes. (net.lawyers: how
about violations?) You may have just learned a costly lesson
about law.
B) if so, *what* did you answer? Truthfully No

To the best of your belief, without intent to deceive, but not
truthful. OTOH, did they have language along the lines of
"other than minor traffic violations" -- this gives you half a leg
to stand on, to explain that this type of thing (and it might
matter whether this type of thing is a cost of doing business,
that every so often you miss the fake ID but it was part of
a sting and the court finds you should not have relied on the ID,
just like even the best restaurants get some health code demerits,
or the best drivers sometimes get parking or speeding tickets;
or was this some willful contributing to the delinquency) seemed
to be under the category of "minor traffic violation".
C) What does the _contract_ say about them terminating you at _any_ time? The contract states, dependency on the background check and drug test.

Sounds like if this has caused them to change their mind, you
are sadly out of luck. But if the manager still thinks you are
the best candidate, it might not be a deal killer.
My beef with all this, is why was the background done after i signed the contract, was told to quit my job when they could have done it the first day i signed the consent form, thus saving me and themselves all the grief.

And their beef is "Why did this guy waste our time and money, telling us
his background check would come back clean?" They probably don't,
probably can't afford to, and may be prohibited from, running
background checks on every applicant. It is very standard procedure
to collect all sorts of information early in the application process
that won't be used until the candidate has passed subsequent gates.
It minimizes the times HR has to make sure the right forms are filled
out and handed in.

--
- David Chesler <chesler@post.harvard.edu>
Iacta alea est

In article <d15tivoicv0lmi3k109u2mb5fvmb0ph0mn@4ax.com> in
misc.legal.moderated, Arthur L. Rubin <ronnirubin@sprintmail.com>
wrote:JerryMouse wrote: It REALLY depends on how you answered the question: "Have you ever been arrested?"In many states, that question is illegal, except for security clearance.

And what is an applicant's recourse, as a PRACTICAL matter?

--
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Cortland County, New York, USA
http://OakRoadSystems.com