What is the name of your state?What is the name of your state? CA
I was suspended (pending reinvestigation) from my job after employed for 10 days because of the results of a pre-employment background check. I was finishing up my training that very day. When I inquired as to the specific information in my background check that was cause for my suspension, I was verbally told “Possession of drugs”. I was given a verbal assurance by my supervisor, while still present on the customer service floor, that “the circumstances will be kept in the strictest confidentiality”.
When I got home I reviewed the report, which indicates misdemeanor possession of a controlled substance. The original misdemeanor is eight years old, and also shows a warrant for not completeing a diversion program which was issued in 1999. I live scanned last year and nothing showed up, and I have had other background checks come up clean. The company is a banking institution. The infraction is not an offense which is related to my job, as defined by the FDIC imposed restrictions noted on the application, and employee handbook. Also, the background check should have occurred prior to my receipt of a job offer with the company, as outlined on their application and employee handbook. Their application states:
“Federal law and the FDIC impose restrictions on our ability to employ individuals convicted of, or entering pre-trial diversion programs for certain crimes. We conduct a thorough background investigation and credit report on all applicants. All employment is conditional upon successfully completing the background investigation and credit check.” Have you ever been convicted of, or plead guilty to, an offense other than a minor traffic violation? (Include offenses for which you pled no contest or received probation; you may exclude: (i) convictions which have been ordered fully expunged or sealed by a court of law; (ii) misdemeanor convictions involving marijuana or controlled substances as described in California Labor Code section 432.8 that are more than two years old..” (it’s over 8 years old!). California Labor Code section 433, immediately proceeding 432.8 states that any person violating this article is guilty of a misdemeanor.
Is it not reasonable to assume that after the 10th day of employment with a company that I have successfully passed any pre-employment screening? If I was suspended “pending reinvestigation”, does that not categorize me as a qualified employee in itself? I had received a job description, identification badge, etc. I was told that I was accelerating through my training nicely, and that I was doing a good job. I had turned down a job offer, as well as several calls for interviews from prospective employers during that time. I e-mailed my concerns to the HR Rep of the company and she said that they let me go primarily because of the warrant. This does not match what I was told when I was suspended by my Supervisor and the VP. She (the HR rep) said that if I can clear up the record within 2 weeks they may CONSIDER bringing me back, but the paycheck I just received shows they paid me for my accrued PTO. When I contacted the CRA they said they would need a month to reinvestigate. Any advice would be appreciated and sorry this is so long!
I was suspended (pending reinvestigation) from my job after employed for 10 days because of the results of a pre-employment background check. I was finishing up my training that very day. When I inquired as to the specific information in my background check that was cause for my suspension, I was verbally told “Possession of drugs”. I was given a verbal assurance by my supervisor, while still present on the customer service floor, that “the circumstances will be kept in the strictest confidentiality”.
When I got home I reviewed the report, which indicates misdemeanor possession of a controlled substance. The original misdemeanor is eight years old, and also shows a warrant for not completeing a diversion program which was issued in 1999. I live scanned last year and nothing showed up, and I have had other background checks come up clean. The company is a banking institution. The infraction is not an offense which is related to my job, as defined by the FDIC imposed restrictions noted on the application, and employee handbook. Also, the background check should have occurred prior to my receipt of a job offer with the company, as outlined on their application and employee handbook. Their application states:
“Federal law and the FDIC impose restrictions on our ability to employ individuals convicted of, or entering pre-trial diversion programs for certain crimes. We conduct a thorough background investigation and credit report on all applicants. All employment is conditional upon successfully completing the background investigation and credit check.” Have you ever been convicted of, or plead guilty to, an offense other than a minor traffic violation? (Include offenses for which you pled no contest or received probation; you may exclude: (i) convictions which have been ordered fully expunged or sealed by a court of law; (ii) misdemeanor convictions involving marijuana or controlled substances as described in California Labor Code section 432.8 that are more than two years old..” (it’s over 8 years old!). California Labor Code section 433, immediately proceeding 432.8 states that any person violating this article is guilty of a misdemeanor.
Is it not reasonable to assume that after the 10th day of employment with a company that I have successfully passed any pre-employment screening? If I was suspended “pending reinvestigation”, does that not categorize me as a qualified employee in itself? I had received a job description, identification badge, etc. I was told that I was accelerating through my training nicely, and that I was doing a good job. I had turned down a job offer, as well as several calls for interviews from prospective employers during that time. I e-mailed my concerns to the HR Rep of the company and she said that they let me go primarily because of the warrant. This does not match what I was told when I was suspended by my Supervisor and the VP. She (the HR rep) said that if I can clear up the record within 2 weeks they may CONSIDER bringing me back, but the paycheck I just received shows they paid me for my accrued PTO. When I contacted the CRA they said they would need a month to reinvestigate. Any advice would be appreciated and sorry this is so long!