I recently was terminated after working there for 8 days and then "failed" a background check.

Anonymous

September 20,2023 at 8:28AM UTC

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I recently was terminated after working there for 8 days and then "failed" a background check. I was given a chance to discuss my past & how I have changed, but still was let go. I am still confused how the company kept a new hire with around the same number of years since the conviction, because "they had really turned their life around". That quote was from a HR rep on my 1st day when the background check requirement was brought up. Could it be that I was older when I finally turned my life around?

I did tell her there would be a conviction come up on mine and told her how much I have changed & continue to live my life clean & sober. I submitted personal character references & a letter from my doctor - all noting how I’ve changed, but they did not contact any one of them.

I'm looking for some advice on how to reply/what to say in my response to the final email stating my termination.

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AnonymousSeptember 20,2023 at 10:06AM UTC
Why weren't you honest on the application?
There's a place that allows for an explanation.
I suppose nothing you can do at this location, but moving forward....
I work with financial information so my credit and background is vital, not to mention my trust. Finding a job is difficult, moreso with trust issues
AnonymousSeptember 20,2023 at 2:50PM UTC
From what I read (and maybe it was edited after you read?) she did disclose. And honestly, a lot of states you can no longer ask about criminal records.
AnonymousSeptember 20,2023 at 10:59PM UTC
I was honest, there wasn’t any questions on the application regarding backgrounds. I disclosed there would be a conviction on my bg check as soon as it was brought up on my first day.
AnonymousSeptember 20,2023 at 12:48PM UTC
First, in my professional opinion, don't respond. YOUR conviction isn't going to be for the same reason as another. It is the employers right to have bench marks set as to what is acceptable to be able to hire for. Whether you self disclosed or not it's not the true issue, as I've seen MANY people call their conviction one thing and the court has it with a different severity, etc. NOW, in saying that, you have no play in this game with this employer. Move on, as you continue to be on a GREAT path of staying clean, etc. For example; if someone was allowed to work pending a passed background check and it comes back adverse, there are often discussions on 'what was the situation', if it was retail theft, robbery, etc, a retailer finds it hard to hire for that risk, as they have a responsibility to the cpy, employees, and customers to provide a safe place. PLEASE know this is so important, as you could also be a customer and wouldn't want to find yourself in a dangerous situation. I applaud you and am EXCITED for your path of well being. CONTINUE on , this was not your destination. Thank them, if anything, for their time and consideration. Thank them and let them know if they ever feel they want reconsider you will listen. Be Well!
AnonymousSeptember 20,2023 at 2:48PM UTC
I would not respond. Nor would I tell you to accept this and move on. This company's process, basically, sucks and creates a lot of exposure for them that would make their employment law attorneys cringe.
Now, of course, I'm saying all of this without knowing the specifics around your conviction nor the company/industry so take what I say with a grain of salt.
Joan Williams, Senior Talent Acquisition SpecialistSeptember 21,2023 at 1:31AM UTC
Were you asked to respond?
AnonymousSeptember 21,2023 at 12:18PM UTC
No advice, fired on my first day.
AnonymousSeptember 21,2023 at 12:41PM UTC
I'm not sure you can do much to salvage this situation. Most companies won't bring you in for onboarding until they have the background check results unless it is just a formality for insurance purposes, and the results don't matter. I am at a loss at what happened here unless it significantly differed from what you stated. If you were terminated/not hired because of the background check, you have a right to see it, so I would ask them to give you a copy. I have worked with people who state that they have one level of conviction when the background check says something else, so it would be valuable information for you to know what's there going forward. I have also worked with people who had things come up on the background check that were wrong because of identity theft, so having that document allows you to clear things up through the courts if required. Since it appears from what you stated they were drug charges, it is something you need to look into. They might overlook a simple possession but not a felony or intent to sell (for example). It would have been nice to know that upfront, though.
Was a background check brought up at the interview, and did you disclose then? Or was all of this initiated after you were brought on board? If there are errors on the background check (and it happens), you might need legal help to clear everything up.
Some states will allow you to start expungement/pardon proceedings after a specific time, so you might also want to explore that possibility.
Congratulations on your recovery. Keep up the excellent work. The fact that you passed through the levels of the interview process to this point says you are doing things right.
Three steps forward and one step back only means you are still two steps ahead.
Marcia SmithSeptember 21,2023 at 2:25PM UTC
This is superb advice - nothing to add to this other than best of luck - we are all rooting for you!
AnonymousSeptember 21,2023 at 2:53PM UTC
Thank you, Marcia. The toughest one was the guy who was the victim of identity theft. It took a lot of legal wrangling to get his name removed as an alias for the person who stole his identity.
RiaSeptember 21,2023 at 8:32PM UTC
Excellent advice. Your local community legal aid can assist with reviewing your case to see if you're eligible for expungement and prepare the paperwork on your behalf. I wish you well.
AnonymousSeptember 25,2023 at 3:55AM UTC
I unfortunately have been telling new employers as well as one where I'd worked a year that had to run them on everyone for contract reasons (with a new client) that my personal info was egregiously compromised due to someone's negligence at an agency (i.e. they sent out a spreadsheet containing personal info including DOB and SSN of 2000+ people to all of those people) and there is nothing legit on my record, but if anything problematic comes up I need to know to file a police report for identity theft ASAP along with other measures.
maria roseSeptember 21,2023 at 4:00PM UTC
Not knowing what location or type of job you’re are in, all I can advise is what to do going forward—you need to know how your conviction is stated exactly on your public record for several reasons—1. How it is stated does put a limitation on types of work you would be not allowed to work at during the time this stays on your record. You may have some explanation on the paperwork received from the court records. 2. Depending on your location and offense there’s a time period of how long you retain the record on your record before it is removed completely ( assuming that you don’t owe restitution) usually the record is cleared when restitution is paid off within 6 months. 3. Knowing the last 2 points of information, you should have a list of potential job opportunities for which you can apply without much hassle negativity concerns about your background information because you are progressing forward in a different direction.
Certain jobs have degrees of background checks because of the job requirements. Just because one job rejected you doesn’t mean that you’re can’t get a job but just not in that specific job field. And that doesn’t mean you have a permanent negative market on your background check either. You will get another job if you broaden your prospects to more fields of work.
AnonymousSeptember 21,2023 at 9:18PM UTC
Excellent points. I'll say a couple of things about the charges versus the job. One of the most challenging places for someone with a drug conviction to find work is in the medical profession, so if this is your situation, you may need to do a career pivot. Also, people with felony DUI's will have a hard time getting jobs that involve driving a company vehicle. People convicted of shoplifting will be limited in retail jobs. The list goes on, and it is common sense when you think about it. These are because of liability concerns and are likely connected to the employer's insurance rates.
The other point I wanted to make is that if your conviction is a felony, some places are considered "felony friendly" because they knowingly take in people with convictions to give them a "second chance." You can usually find them through Google or Bing by searching "felony-friendly employers in [your location]." Most of these employers are former felons who were given a chance and now want to help others in the same situation.
AnonymousSeptember 21,2023 at 6:11PM UTC
If you are not in a state where they use " fair chance" you are kind of stuck. Perhaps for your next employment situation you should disclose up front what they will find then it is not a post hire surprise. After all you want a company to respect the change not judge you for it. Clearly this employer has decided you are not a fit for whatever their reasons are. Move forward and don't let this hurt your psyche.
AnonymousSeptember 22,2023 at 2:03PM UTC
I had a similar situation in that I got hired for a computer job. Since I am Hispanic, but legal name is in Spanish. Yet, I go by the same name but in English.
I was basically let go after being placed on leave. When my legal name came out on the paperwork, it seemed like a red flag.
I
AnonymousSeptember 22,2023 at 5:35PM UTC
Always go by your legal name. You can email HR before you start, that you go by this name at work instead.
AnonymousSeptember 22,2023 at 2:48PM UTC
I am so sorry that you have gone through this. It is a horrible way to treat someone who has dedicated 8 years to the company and done quality work.
I suggest speaking with an employment lawyer. In addition to reaching out a local legal aid society, I would consider calling your local bar association for contact information for a few private lawyers. They may provide free consultations.
I would also consider contacting the Legal Action Center, which is a nonprofit dedicated to helping individuals navigate reentry after court involvement. Here is their website and contact information: https://www.lac.org/contact-us.
Best of luck!
Dawn
Brandi Miller HaysSeptember 22,2023 at 2:56PM UTC
DAYS, they were there 8 days
AnonymousSeptember 24,2023 at 3:06AM UTC
My mistake. Regardless, the information I provided is still relevant.
AnonymousSeptember 23,2023 at 6:55PM UTC
"8 years?" Did you read the post carefully, she was there 8 days.
AnonymousSeptember 24,2023 at 3:05AM UTC
My mistake. Regardless, the information I provided is still relevant.
AnonymousSeptember 22,2023 at 5:40PM UTC
I start a new job in 10 days, and they told me they do background checks before offering because of things like this. This is the smart thing to do because a background check doesn't mean hiring. I was once rejected from a job offer because of something from my past. This issue wasn't even a misdemeanor; it was court supervision that was dropped after three months. I was defending myself from someone trying to attack me, and I hit back. We went to court, he was drunk, and the judge told us to avoid each other. No other charges against me. You can't even find this through other databases at all. The event happened in 1990, and I was rejected in 2019, 29 years ago. It's never come up before or since, so I never mentioned it. I know people with actual convictions who have gone through this, and they are honest upfront. However, some convictions will prevent you from working in specific fields. If it makes you feel better, I know people who even served jail time; they just had to find the right field. Also, I don't see it here, but if you have a drug offense, for example, you may be able to work in a field like drug counseling. I am a drug counselor, and many coworkers have drug-related DUIs and convictions. I would ask them why they rejected you and not the other one and tell them that if it is ageism, you can sue.
AnonymousSeptember 23,2023 at 3:56PM UTC
your career path sounds great. However i would suggest no one take legal advice from this group. suing costs money, you have to find a lawyer who will take your case, and I cannot imagine HR will *ever* be honest about something like ageism. Remember, HR works for the employer. They're supposed to be fair, but they know where their bread is buttered and it's important that employees remember that and don't treat them and share things with them andcomplain to them as though they are an employee advocate. Ridiculous of that company to do background checks after hiring. Why bother then??
AnonymousSeptember 23,2023 at 6:54PM UTC
I agree 100% with the "not taking legal advice from this group." Most of the advice is incorrect legal advice. If you're not a licensed attorney in the state of your prospective client you shouldn't be giving "legal" advice at all.
AnonymousSeptember 22,2023 at 8:18PM UTC
Unfortunately, this can happen when an employer doesn't do the background check first. While it's good that you were (somewhat) upfront about your past, their hands may be tied because of the details if those details weren't known before the check was run. For example, it's unlikely someone with an embezzlement conviction could work in a position with access to funds. Best of luck to you.
AnonymousSeptember 22,2023 at 8:59PM UTC
Kudos to you for turning your life around. We all make mistakes in life. After making a job offer conditional on background check results, these are the three major things that HR and Counsel (The attys) look at:
1) The classification or job
2) Nexus to the job - The connection between employee's off-duty conduct and their job.
For example: If you had someone applying for an Accounting job or a cashiering job in which they handled money, you would most likely not keep an employee who was convicted of theft or embezzlement. It also depends if the conviction resulted in a felony or misdemeanor. Some organizations have strict policies and will not hire someone with a felony conviction. The employer could give you the opportunity to resign, or they can terminate you as a result of the background check.
3) Length of time since offense - If it has been a few years (depending on the offense) since then, it may not weigh as heavily during the decision process. Once again it depends on the situational factors.
It shows good faith and character that you told them upfront. Transparency is important. There are so many jobs out there. Keep persevering and believing in yourself. Attitude is everything.
I wish you the best.
HR would not and should not discuss the other employee's circumstances with you. There are other things that could have also been taken into consideration.
AnonymousSeptember 25,2023 at 3:16AM UTC
I went through something similar in 2012. I was working full time and the company cut our hours in half without any notice. I was only making enough to pay my most important bills. The following year I was offered a job working in a billing department where I would be applying payments. Companies had started doing credit checks then and asked me to come in to review it! It was so humiliating! I wasn’t applying for credit and I think it’s so wrong that companies can do that. Needless to say they told me they were no longer going to hire me. I say it’s their loss. Just because someone went through a hard time doesn’t mean they are a thief. They also told me I would have to log in at exactly 8:15, no exceptions! I knew it would be a horrible place to work. Now I have great credit, I paid off my debts a few years later and I’m happily married to a husband that has always had good credit. I wish you the best.
AnonymousSeptember 25,2023 at 6:15PM UTC
I went through the same thing. I had job duties removed because of bad credit (I was processing donation checks sent in as memorial gifts to a hospice where I worked). I was eventually let go, due to a drop in census, but I often thought the credit problem was the "real" reason. It hardly put me in a position to embezzle, if that was their concern.
Dawn LadislasSeptember 25,2023 at 8:32PM UTC
My belief is unless you are working on something related to credit, they shouldn't be able to check credit. Back in 2007, I lost my job and struggled to keep afloat. Eventually, I couldn't pay much and was upset as my credit plummeted. Meanwhile, I was interviewing for jobs, and most had nothing to do with finances (things like developing training programs and marketing campaigns). In several cases, I was told I was a frontrunner for some jobs, but once they checked my credit, I never got farther, which led to worse credit and so on. I had to switch fields and go back for another degree completely. Years later, I have excellent credit, and my state outlawed most credit checks (I think they are still legal for jobs that require excellent credit). My credit now is so good that I recently bought a new car, and not only did I get the lowest interest, but the salesman remarked I had among the best credit he had ever seen. It took me a decade to improve it, but I did it, and so would many who never got the chance. Oh, and the companies that rejected me due to my credit? I never do business with any of them. I will do business with their competitor because of how they treated me.
AnonymousSeptember 26,2023 at 2:21AM UTC
That’s awesome! We paid off our cars a couple years ago. We both shaved off a year. I was so appalled by the way they treated me going over my credit report like I was a child. I did obtain a billing position where I entered the data. The main office had claims department in Ma and I worked in the CT office. I was laid off in 2020.
Dawn LadislasSeptember 26,2023 at 6:29PM UTC
Congrats on paying off your cars. Yeah, the way some companies treated me was horrendous. One of them called me and spoke about a bill from years ago, and I felt like a kid getting a scolding for doing a paper wrong. My job hunting back then was horrible enough without adding in the credit checks. I switched fields to counseling (specializing in addictions and co-occurring), and I don't get that anymore; I usually get more job offers than I do rejections. It has made a big difference because going from a field where they can be picky to one with a considerable shortage does make a difference. I know not everyone can return to school, but for me, I credit (haha, pun intended) it for being able to pay my bills and develop my credit.
AnonymousSeptember 27,2023 at 11:45PM UTC
Thank you. I’m now working for a title company. I work in records management. The staff are nice.
AnonymousSeptember 25,2023 at 2:28PM UTC
Did the company mention a background check during the hiring process?
It stinks and it takes forever to hire someone at my company (even temps) but we have to have all aspects of the background check (criminal) before we can hire. Unfortunately we are not felon-friendly and no matter how much change, our corporate office will not allow us to hire regardless of the reason.
Guadalupe DiazSeptember 25,2023 at 4:49PM UTC
All the background checks I've ever done (which has been my entire career [25 years] since I work in non-profits) .. I'll get hired and they tell me that keeping my job will be dependent on if I pass the background check and the drug tests. I always pass them but the point is they let me know at the time of hire. I worked with individuals who had been affected by the criminal justice system, and unfortunately, there's lots of factors that come into play on their decisions to keep or let go of employees. I would suggest to continue working on yourself, start doing a lot of good community volunteer work, and continue to obtain more character letters. If you can, see if you qualify for a "Letter of Rehabilitation" or at least an expungement as further proof of your changes. These can be really big in helping you out.