I have a wonderful coworker (Supervisor) that I have worked with for 2 years.

24 Comments

1. AnonymousJune 6,2023 at 1:42PM UTC

   I had that happen with a credit check. They started me part-time, then added another site so I could become full-time. Then they promoted me and put me on salary. About a year after my promotion, they realized they never ran my credit, so I had to sign a form (they didn't make it seem like I had a choice) that permitted them to do it. Since I was processing and acknowledging memorial donations, they didn't like that I had such a bad score, so they took that duty away from me. I was laid off a few months later, and I always wondered if that had anything to do with it.

   It all depends on whether or not her conviction creates a liability with her position. If so, they may not have a choice. If she has performed well and it is not a liability, they may temporarily put her on a performance plan to make sure for "image" reasons. It may help to look into expungement programs (depending on your state) that can remove the conviction from most background checks. Where I live, if there has been no further law enforcement contact since the sentence for a [specific] number of years (depending on the offense). Just a note, drug offenses in a medical office or a violent felony when working with children or other vulnerable populations is generally grounds for dismissal, and she wouldn't have been hired in the first place.

   A conviction is not always an immediate "no," even when you are being hired. It depends if the sentence is contrary to the position, and the timing is essential. If she has not had any further issues, and it's been since 2018, it should only be a problem if it creates a liability for the company.

2. AnonymousJune 7,2023 at 6:54AM UTC

   They will not put her on a performance plan. Her conviction has zero to do with her job performance.

3. Anne KrookJune 6,2023 at 3:52PM UTC

   Fortunately she now has a track record with the company, and given how hard it is to hire good people, they are less likely to fire her as a result of whatever is on there. To the extent that she can address whatever she gets asked about it and point out how she has changed her life and work (which from your description it seems that she has), she could be fine. Many other factors are at play beyond her or your knowledge as well: has the person who gets the results had a family member in a similar situation so they are more sympathetic? have they recently tired to hire someone and had a hard time? etc.

4. G C HesseJune 6,2023 at 4:49PM UTC

   There's a time limit on background checks....like how far back are the looking.

   Also it is now considered illegal to ask that question. Federal Government mandated that back in 2015. It is not supposed to be on any application.

5. AnonymousJune 7,2023 at 6:43AM UTC

   It is not illegal to ask about a criminal conviction. Some states won't allow you to let that be a deciding factor, but they can ask.

6. AnonymousJune 7,2023 at 12:40PM UTC

   That is absolutely not true. It's not illegal at all to ask, and there is no statute of limitations on how far back you can look.

   There are also no laws prohibiting employers from refusing to hire for any reason whatsoever EXCEPT those that are mandated by anti-discrimination laws. There are guidelines, but no mandates.

7. AnonymousJune 7,2023 at 6:52AM UTC

   Yes, it is the company's responsibility to conduct background checks. Most background checks go back 7 years. In her favor is that she already has the job and is doing well. The employer must conduct an individualized assessment as to whether the conviction has a "direct and adverse relationship" with the specific job duties of the position. At a minimum, the employer must consider the following:

   the nature and severity of the offense

   how long it's been since the applicant committed the offense and served his or her sentence, and

   the nature of the job the applicant is applying for.

   For example, suppose an applicant has a conviction related to prescription drug abuse from five years ago, but has completed rehab and been sober since. Depending on the circumstances, the conviction might be a reason to deny employment for a position at a pharmacy but not for a position at a call center.

   Providing Notice and an Opportunity to Respond

   If, after completing this inquiry, the employer decides not to hire the applicant, the employer must provide the applicant with a written notice of its decision. The notice must:

   specify the conviction that was the basis for the decision

   provide a copy of the conviction history report, if the employer has one, and

   explain the applicant's right to respond with favorable evidence by a certain deadline.

   I think she'll be fine. Hope this helps.

8. Maggie StoneJune 7,2023 at 12:22PM UTC

   Hopefully, this won’t stand in her way. This is on the company, not her. She did not withhold or falsify any info.

9. Afo Ogbeyalu KaluJune 7,2023 at 1:22PM UTC

   I applaud your advocacy for your Supervisor!
   That being stated, it is not a done-deal that she'd be penalized for the oversight, especially if the oversight is as you posted.

   I would advise your Supervisor to begin to draft a letter or rebuttal to an assumed recinding of her current position, highlighting her contributions, successes, and that she did not mis-state any information on her initial job application.

   Depending on the severity of the felony conviction, it may not impact her position. In fact, many companies have been incentivized by the government and non-profits to employ rehabilitated individuals in the form of grants and subsidized salaries. Hope is not lost! Best of luck??

10. AnonymousJune 7,2023 at 9:39PM UTC

    There is no burden on either side but, if you are in a fair chance state she may be okay. If there is a way for her to speak openly about the situation being a well loved and highly productive employee the company should be willing to listen. Having a record does not automatically mean you lose your job. Perhaps you could privately ask HR/legal about the what ifs using scenarios that don't disclose her situation specifically if she is uncomfortable with doing this herself. The fact that she disclosed it and did not hide it is better, if she lied on the documentation then it could be an issue. Also the years are past 7 back so it also depends on how long the company asks the 3rd party to go back and record check. Usually in my experience (I work in HR/legal) it is only 7 years going back.

11. AnonymousJune 8,2023 at 12:26AM UTC

    First priority is the safety of employees, second to be fair and consistent with processes, then all job offers are contingent upon a passed background check. Now, saying this, whoever processed them to be hired and created that should be the employee who would have known that they could start the process as they would have gotten a passed background check notice. Multiple errors for sure. Now , they’ve been working for 2 years? I’d think legal would get involved at the company to address this mess. If theft or felony , that makes it tougher. All companies set their own threshold of what they will allow to be hired with convictions. Hopefully they’ve been an exceptional coworker and they’ve stayed clear of the law.

12. AnonymousJune 8,2023 at 12:17PM UTC

    A conviction does not have to be for a violent act. Obviously she did her time (paid her debt to society) and is entitled to having her life back and to move on. The only times that a prior felony would be a hindrance to a job would be something like a child molester wanting to work in day care or an accountant who embezzled wanting to work in a bank type thing. Yes, the employer should have done their due diligence and yes they need to follow through now that they have caught the oversight, but that doesn’t mean she is out of a job.

    Hopefully they will keep her record to themselves, as they should, tell her she has been a good employee and they are happy with her performance and move on.

    I work in a state agency, we have many employees who were convicted of something, doesn’t mean they aren’t good employees and friends. Just means they made a mistake.

13. Lorraine HerreraJune 8,2023 at 12:20PM UTC

    If you are in US, this is the law that applies in this case. Is a case by case basis, she can read it and see if in any way they are violating the law. https://www.eeoc.gov/arrestandconviction

14. AnonymousJune 8,2023 at 1:12PM UTC

    Background checks that come back with something on them don't necessarily mean a person won't be hired. Sometime it's just certain crimes that will disqualify a person from working for a particular company. I know someone that just got hired and has a criminal past but the crime didn't disqualify him.

15. AnonymousJune 8,2023 at 1:17PM UTC

    The good news is she has a positive track record established. This is an entirely discriminatory practice (surprise!). BAN THE BOX.

16. rgstaffing@bellsouth.netJune 8,2023 at 1:18PM UTC

    If she has a felony arrest on her record that will be a big problem.

17. AnonymousJune 8,2023 at 1:36PM UTC

    She needs to lawyer up ASAP. Unfortunate that she will have to foot the costs, and this will be expensive. The company did not complete their due diligence. That is the company's negligence not hers. I hope it work out.

18. Cynthia BecklesJune 9,2023 at 3:35PM UTC

    It will be worth every penny for her to secure a good Employment Attorney.

19. AnonymousJune 9,2023 at 7:11PM UTC

    I think your advice is accurate but I wouldn't jump the gun and hire an attorney. Unless the really is a problem and something did defend.. We might all be pleasantly surprised and find out that everything has passed through

20. AnonymousJune 8,2023 at 2:11PM UTC

    My last company was acquired by a larger corporation. For some reason, the HR records were not combined. As part of my hiring process at this company, this was issue. my references were checked, I was contacted to explain the discrepancy. I was able to provide the information and contact information for the original company. The discrepancy was talked about and not an automatic deal breaker.

21. AnonymousJune 8,2023 at 3:54PM UTC

    I would also suggest she contact the local legal aid society. Depending on her conviction, she may be able to get it expunged or at least sealed.

    I am NOT an attorney, so my only advice is to seek out the local legal aid society - they can offer free advice to her and represent her if they feel she has had her rights violated.

22. BNJune 9,2023 at 2:37PM UTC

    Many states have laws around criminal charges but based on pre-offer, commonly known as Ban The Box laws. Post hire, fewer states offer job protection for those convicted on criminal charges. In every case it is going to depend on what she was convicted of and what her role is. For example someone convicted of embezzlement and working for a finance company, they would terminate based on company and client financial risk. Someone working with a vulnerable population, on the circumstances of the conviction, may not be allowed to work if there was a physical assault.

23. AnonymousJune 9,2023 at 7:13PM UTC

    Once she was allowed to work... What does that mean?I am restating what you said above....

24. AnonymousJune 20,2023 at 12:22PM UTC

    Thank you all for your advice!! My Supervisor was able to keep her job.