Wife Passed Over Because Of My Past

[gedwardmusic]

What is the name of your state (only U.S. law)? IN but offense is in KY

five years ago, I was investigated, but not prosecuted, for a non-violent offense in Kentucky. My wife, after many years of college and three degrees to her credit, is seeking employment in the public schools in Kentucky, Indiana and other states. One of the places to which she applied began calling her references almost immediately upon their receipt of her materials. We were delighted with this news, as were her references. Today, though, one of her references (a police officer), received a phone call from this school district and the caller began asking questions which were not of a standard potential employer-reference nature. The content of several questions were related to me in the form of, "Do you know if %%%%%'s husband is &&&&&& &&&&&&," and "Is there anything you can tell me about how %%%%% and &&&&&& &&&&&& met," and so forth. When the reference replied, "I don't know if you can legally ask these questions. I think all you are allowed to ask me is of her nature as an employee, which she was excellent."

So, what is to be done about this? Help?

 

[sandyclaus]

What is the name of your state (only U.S. law)? IN but offense is in KY

five years ago, I was investigated, but not prosecuted, for a non-violent offense in Kentucky. My wife, after many years of college and three degrees to her credit, is seeking employment in the public schools in Kentucky, Indiana and other states. One of the places to which she applied began calling her references almost immediately upon their receipt of her materials. We were delighted with this news, as were her references. Today, though, one of her references (a police officer), received a phone call from this school district and the caller began asking questions which were not of a standard potential employer-reference nature. The content of several questions were related to me in the form of, "Do you know if %%%%%'s husband is &&&&&& &&&&&&," and "Is there anything you can tell me about how %%%%% and &&&&&& &&&&&& met," and so forth. When the reference replied, "I don't know if you can legally ask these questions. I think all you are allowed to ask me is of her nature as an employee, which she was excellent."

So, what is to be done about this? Help?

Is your wife in the teaching profession?

You'd be wrong about the only potential (and legal) questions being those about her qualifications as an employee. In many instances, and especially in an employment situation where a candidate is expected to be an example to those she works with, the the potential employee can also be questioned regarding her character and judgment. That goes especially for teachers, who are expected to perform with higher moral standards and use judgment that will set and demonstrate a positive example to the children they teach. This is also the reason why many teaching contracts (as well as other types of employment contracts) have moral and ethical clauses which, if violated, can terminate their employment and potentially keep them from future employment in the same field for years to come.

What is the nature of the offense for which you were investigated? Is it something for which a reasonable person might question the morals, ethics, or judgment of those who might associate with you?

 

[I'mTheFather]

It really doesn't matter what the offense was, so don't bother answering that unless you wish.

 

[gedwardmusic]

Is your wife in the teaching profession?

You'd be wrong about the only potential (and legal) questions being those about her qualifications as an employee. In many instances, and especially in an employment situation where a candidate is expected to be an example to those she works with, the the potential employee can also be questioned regarding her character and judgment. That goes especially for teachers, who are expected to perform with higher moral standards and use judgment that will set and demonstrate a positive example to the children they teach. This is also the reason why many teaching contracts (as well as other types of employment contracts) have moral and ethical clauses which, if violated, can terminate their employment and potentially keep them from future employment in the same field for years to come.

What is the nature of the offense for which you were investigated? Is it something for which a reasonable person might question the morals, ethics, or judgment of those who might associate with you?

Thank you for the reply. I'd prefer not to be specific in an online forum (I'm sure you understand) but the offense for which I was investigated and cleared was not anything that, in my opinion, would cast doubt on anyone associating with me. I have no criminal record, I was never arrested at any point, and the investigation never even made it to a court.

 

[I'mTheFather]

What is it you would like to do? You can't sue over this. I suppose you could confront the school district, but that may have far more negative consequences for your wife's job search.

My opinion is that your wife should contact all references, inform them of this line of questioning, and suggest that the best way to handle it is to focus on her qualifications and ethics, while also gently, subtly informing the caller that the investigation produced no charges and led nowhere.

 

[gedwardmusic]

What is it you would like to do? You can't sue over this. I suppose you could confront the school district, but that may have far more negative consequences for your wife's job search.

My opinion is that your wife should contact all references, inform them of this line of questioning, and suggest that the best way to handle it is to focus on her qualifications and ethics, while also gently, subtly informing the caller that the investigation produced no charges and led nowhere.

I guess what I'm reading is: Unless proof can be given that she was passed over for an interview after contacting her references nearly immediately and given that her resume and academic performance was almost spotless, there's very little that can be done?

I suppose it's not illegal to be uncool. It's a shame because this is totally not cool.

 

[I'mTheFather]

Correct. It's not illegal to be uncool.

Fortunately.

 

[I'mTheFather]

Don't you wonder how many other potential employers make the connection before calling references and toss her application? Or toss the application just in case there's a connection?

Sorry, but it does happen.

 

[gedwardmusic]

Don't you wonder how many other potential employers make the connection before calling references and toss her application? Or toss the application just in case there's a connection?

Sorry, but it does happen.

Maybe she should use her maiden name from here forward.

 

[OHRoadwarrior]

Tell your wife I said to put on her big girl panties and address this issue with this employer head on. Do so politely, but firmly. It seems aside from this issue, they have found her to be desirable. You both need to decide if being unemployed or swallowing a bit of pride is more important.

 

[I'mTheFather]

Maybe she should use her maiden name from here forward.

She can, but she would have to change her name, right? Isn't her married name on her transcripts, license, etc? That may be a possibility though.

 

[gedwardmusic]

Tell your wife I said to put on her big girl panties and address this issue with this employer head on. Do so politely, but firmly. It seems aside from this issue, they have found her to be desirable. You both need to decide if being unemployed or swallowing a bit of pride is more important.

I considered encouraging her to go that route but she's not even half as comfortable with confrontation as a standard-issue French politician circa 1940 might be. But, it is a honest and straightforward way to clear the air.

 

[gedwardmusic]

She can, but she would have to change her name, right? Isn't her married name on her transcripts, license, etc? That may be a possibility though.

License, yes. Transcript, no. Teaching certificate, no.

 

[Proserpina]

I considered encouraging her to go that route but she's not even half as comfortable with confrontation as a standard-issue French politician circa 1940 might be. But, it is a honest and straightforward way to clear the air.

Quoted for posterity.

 

[OHRoadwarrior]

I considered encouraging her to go that route but she's not even half as comfortable with confrontation as a standard-issue French politician circa 1940 might be. But, it is a honest and straightforward way to clear the air.

Stress to her this not intended to be a confrontation situation. It is intended to be a potential candidate, highly qualified and desirous of a position, aware of a minor misconception that they want to clarify, lest it cost them an opportunity they deserve.