Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Question about retracted job offer due to background

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about retracted job offer due to background

    I will try to make this as short as possible.

    A month ago I was contacted by a company interested in hiring me for a job as a consultant to work for a "big" company. Great opportunity! I proceeded with the pre-employment process. Passed my interview and secured a job offer. When given my application for employment, I answered the question "Have you ever been convicted of a mis/felony in the past 7 years" truthfully cause I haven't. I also signed a consent form for the background check that stated a search "up to 7 years ago".

    Well, the report came back with a misdemeanor on the radar. I received a letter back from the employer that stated because of this record they would not be able to extend the offer to me anymore.

    This is the thing. The conviction date was 12/2002. Clearly 8 years ago. The consent was to only go back 7 years. When I called the employer and asked about this, the response was "I really don't know what to say".

    So the next step was to contact the investigation company (big name company) and ask about the report. I advised them that my consent was only up to 7 years prior. They responded that since I did a years worth of probation that the actual disposition on the crime was one year after the conviction which would put that into 12/2003, within the 7 year check.

    This sounds like total BS. This is a big deal to me as the job was mine. I answered the questions honestly on my application but my recruiter told me that since "they know" there is nothing they can do about it..

    Is anyone familiar with this whole probation rolling into the 7 year time frame crap? I feel like this company (investigation company) violated my privacy rights according to the Fair credit reporting act.

    Any advice is greatly appreciated.
    Last edited by sumguy; 09-23-2010, 08:36 AM.

  • #2
    Originally posted by sumguy View Post
    I will try to make this as short as possible.

    A month ago I was contacted by a company interested in hiring me for a job as a consultant to work for a "big" company. Great opportunity! I proceeded with the pre-employment process. Passed my interview and secured a job offer. When given my application for employment, I answered the question "Have you ever been convicted of a mis/felony in the past 7 years" truthfully cause I haven't. I also signed a consent form for the background check that stated a search "up to 7 years ago".

    Well, the report came back with a misdemeanor on the radar. I received a letter back from the employer that stated because of this record they would not be able to extend the offer to me anymore.

    This is the thing. The conviction date was 12/2002. Clearly 8 years ago. The consent was to only go back 7 years. When I called the employer and asked about this, the response was "I really don't know what to say".

    So the next step was to contact the investigation company (big name company) and ask about the report. I advised them that my consent was only up to 7 years prior. They responded that since I did a years worth of probation that the actual disposition on the crime was one year after the conviction which would put that into 12/2003, within the 7 year check.

    This sounds like total BS. This is a big deal to me as the job was mine. I answered the questions honestly on my application but my recruiter told me that since "they know" there is nothing they can do about it..

    Is anyone familiar with this whole probation rolling into the 7 year time frame crap? I feel like this company (investigation company) violated my privacy rights according to the Fair credit reporting act.

    Any advice is greatly appreciated.
    Your conviction was a matter of public record, you have no privacy on it. Anyone with time on their hands could look it up. FCRA has nothing to do with privacy, it governs how information is used.

    I have run thousands of background checks and the convictions do show up with a disposition date after the sentence (probation, jail or deferral) has been completed.

    Comment


    • #3
      well maybe i should not have said "privacy rights". It's my undertanding that you have to have consent to run one's background especially "if" you plan on using the info found. In this case, I was denied employment based on what was found.

      If you were to run an employee's criminal record without his/her consent to do so, isn't that illegal?

      This was taken from the FCRA:
      "Under the FCRA, the employer must obtain the applicant's written authorization before the background check is conducted. The authorization must be on a document separate from all other documents such as an employment application. In California, at the time an employer obtains permission for a background check, the applicant or employee should also be told that he or she may request a copy of the report. The FCRA, in contrast, says the subject is entitled to a copy of the report if a pre-adverse notice is given."

      I did consent, but to only a 7 year search. My question is what can be done when an employer goes beyond that scope and in return uses the information in an adverse way.

      Comment


      • #4
        Originally posted by sumguy View Post
        well maybe i should not have said "privacy rights". It's my undertanding that you have to have consent to run one's background especially "if" you plan on using the info found. In this case, I was denied employment based on what was found.

        If you were to run an employee's criminal record without his/her consent to do so, isn't that illegal?

        This was taken from the FCRA:
        "Under the FCRA, the employer must obtain the applicant's written authorization before the background check is conducted. The authorization must be on a document separate from all other documents such as an employment application. In California, at the time an employer obtains permission for a background check, the applicant or employee should also be told that he or she may request a copy of the report. The FCRA, in contrast, says the subject is entitled to a copy of the report if a pre-adverse notice is given."

        I did consent, but to only a 7 year search. My question is what can be done when an employer goes beyond that scope and in return uses the information in an adverse way.
        But it is your opinion that it went beyond the scope and the company's opinion that it was within the scope. If you want to pursue this you would need to consult with an employment attorney. Be prepared to pay the attorney since this case does not seem like there would be a lot of money if the attorney worked on contingency.

        Comment


        • #5
          Originally posted by sumguy View Post
          I will try to make this as short as possible.

          A month ago I was contacted by a company interested in hiring me for a job as a consultant to work for a "big" company. Great opportunity! I proceeded with the pre-employment process. Passed my interview and secured a job offer. When given my application for employment, I answered the question "Have you ever been convicted of a mis/felony in the past 7 years" truthfully cause I haven't. I also signed a consent form for the background check that stated a search "up to 7 years ago".

          Well, the report came back with a misdemeanor on the radar. I received a letter back from the employer that stated because of this record they would not be able to extend the offer to me anymore.

          This is the thing. The conviction date was 12/2002. Clearly 8 years ago. The consent was to only go back 7 years. When I called the employer and asked about this, the response was "I really don't know what to say".

          So the next step was to contact the investigation company (big name company) and ask about the report. I advised them that my consent was only up to 7 years prior. They responded that since I did a years worth of probation that the actual disposition on the crime was one year after the conviction which would put that into 12/2003, within the 7 year check.

          This sounds like total BS. This is a big deal to me as the job was mine. I answered the questions honestly on my application but my recruiter told me that since "they know" there is nothing they can do about it..

          Is anyone familiar with this whole probation rolling into the 7 year time frame crap? I feel like this company (investigation company) violated my privacy rights according to the Fair credit reporting act.

          Any advice is greatly appreciated.
          This has nothing to do with your credit. You was still in the system while on probation. When probation ended then the 7 years started.

          Comment


          • #6
            If you believe the co. went beyond the 7 year scope, then run it by an employment
            law attorney as suggested. I'm not sure you have a case here.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X