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  • Denied a job Maryland

    Hello New guy here, I am trying to figure out where I should go from here. I applied for a job at (deleted) and got through the interview process, physical & Drug testing and everything else but was denied the job because I did not disclose that I have been arrested in the past when I was young dumb and full of fun. But on both of their applications it asks have you ever been convicted of any crime, and in my case the answer is no, they did not want to even discuss the issue any further. Myself like many people answer the questions as we see them and in my case I was correct. I saw no need to volunteer any info unless they ask about it. What are they going to do next deny people for not disclosing how many times they go use the john a day? For my arrest the disposition was (PBJ = Probation Before Judgment) and in MD that is not considered a conviction. Below is a snap shot from their application. Where / what do you think I should do next

    Thanks,

    Scott
    Last edited by cbg; 08-29-2008, 11:08 AM.

  • #2
    Scott, we have a rule here about not disclosing the names of employers. I've deleted the name from your post. I would have left the snapshot up except that it contained the name of the employer in the part you showed us. Sorry.

    I am recusing myself from responding because the employer in question is a client of my husband's. Hopefully someone else will have an answer.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      Scott, we have a rule here about not disclosing the names of employers. I've deleted the name from your post. I would have left the snapshot up except that it contained the name of the employer in the part you showed us. Sorry.

      I am recusing myself from responding because the employer in question is a client of my husband's. Hopefully someone else will have an answer.
      CBG, Sorry about that. I looked and I could not find a rules page or anything but I have made a note and I have updated that page of the application to remove any information that could possibly ID the employer, do you have a link to the rules so I can take a look at them I just like to make sure I don't make a mistake like that in the future.

      Thanks in advance all.


      Comment


      • #4
        That's great; we can use that.

        The rules are pretty simple; don't list the real names of employers or co-workers; don't include any identifying information; be polite; careful of your language; don't insult people; don't post in all caps or capitalize each word; don't resurrect dead threads; don't post your question in someone else's threads.

        That's the majority of it.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Originally posted by sbarber7973 View Post
          the disposition was (PBJ = Probation Before Judgment) and in MD that is not considered a conviction.
          Maybe so, but the employer likely does not see it the same way. Move on.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            Originally posted by ScottB View Post
            Maybe so, but the employer likely does not see it the same way. Move on.

            Well its obvious that they don't see it that way, what right does it give them to make their own determination what is a conviction or not? Aren't they supposed to go by state laws?

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            • #7
              Technically to receive PBJ you must plead either guilty or nolo contendre. Only if you satify your probation is it "dropped".
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                Am I missing something? Unless a criminal record is a protected characteristic in MD I fail to see a problem here.
                "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

                Comment


                • #9
                  Originally posted by Eng&SafetyMGR View Post
                  Am I missing something? Unless a criminal record is a protected characteristic in MD I fail to see a problem here.
                  No, you're not. And no, it isn't. To my knowledge, it's a protected characteristic in Wisconsin ONLY and even there, subject to some limitations.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by ElleMD View Post
                    Technically to receive PBJ you must plead either guilty or nolo contendre. Only if you satify your probation is it "dropped".
                    True, but when a background is conducted the only thing that shows up is the charge and disposition, which in my case PBJ.

                    Originally posted by Eng&SafetyMGR View Post
                    Am I missing something? Unless a criminal record is a protected characteristic in MD I fail to see a problem here.
                    Well the problem is that they are stating that I did not disclose that I had been arrested, but on their application process it only asks have you ever been convicted and in regards to the PBJ and what it means in MD.

                    Click here to see the law

                    (g)(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation.

                    (2) The discharge is a final disposition of the matter.

                    (3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.
                    Last edited by sbarber7973; 08-29-2008, 02:54 PM.

                    Comment


                    • #11
                      But what you're not understanding is, even if they are 100% WRONG and you were 100% RIGHT, it's still not illegal discrimination. They could have declined to hire you because they didn't like the color of your socks and that wouldn't be illegal discrimination either.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        ah ok, I think I get it now. So they are violating the law and they can get away with it. As I have in writing from them the reason they are not picking me up is because of that arrest and did not disclose it to them, and per md law "Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification"

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                        • #13
                          OK, last time. There is no law to violate. Even if you were Saint Peter, they didn't have to hire you. There is no law preventing them from being wrong, or even lying about the reason they didn't hire you.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            I know I said I'd recuse myself but I want to clarify the situation.

                            They are not refusing to hire you because of the arrest.

                            They are refusing to hire you because they believe, even if they are wrong, that you lied about the arrest.

                            It is not legal to refuse to hire you because of the arrest.

                            It IS legal to refuse to hire you because they think you lied about it.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Ok, now I completely understand. Thanks

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