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  1. #1
    Jessica1985 is offline Junior Member
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    Can employers ask about pending charges at an interview?

    What is the name of your state (only U.S. law)? New York

    I was recently asked at an interview if I have any pending charges? Which I do, but I said no. I haven't yet been to court for my DWI.

    They are running a background check on me. Would that show up in a background check? Can they access that information? Is it legal for them to ask that in an interview?

    I really want this job, but I do not want to disclose that information to them and I don't feel I should have to. I have a right to a trial. This is only a temporary seasonal position anyways.
  2. #2
    proud_parent is offline Senior Member
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    Quote Originally Posted by Jessica1985 View Post
    What is the name of your state (only U.S. law)? New York

    I was recently asked at an interview if I have any pending charges? Which I do, but I said no. I haven't yet been to court for my DWI.

    They are running a background check on me. Would that show up in a background check? Can they access that information? Is it legal for them to ask that in an interview?

    I really want this job, but I do not want to disclose that information to them and I don't feel I should have to. I have a right to a trial. This is only a temporary seasonal position anyways.
    What sort of seasonal position?

    In general, a prospective employer may question you about pending charges if they are substantially related to the job.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Jessica1985 View Post
    What is the name of your state (only U.S. law)? New York

    I was recently asked at an interview if I have any pending charges? Which I do, but I said no. I haven't yet been to court for my DWI.

    They are running a background check on me. Would that show up in a background check? Can they access that information? Is it legal for them to ask that in an interview?

    I really want this job, but I do not want to disclose that information to them and I don't feel I should have to. I have a right to a trial. This is only a temporary seasonal position anyways.
    Arrest records are Public Information and your PI will have access if s/he does his/her homework.
  4. #4
    ecmst12 is offline Senior Member
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    You lied. That in itself is the main reason why you won't get the job.
  5. #5
    Antigone* is offline Senior Member
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    Quote Originally Posted by Jessica1985 View Post
    What is the name of your state (only U.S. law)? New York

    I was recently asked at an interview if I have any pending charges? Which I do, but I said no. I haven't yet been to court for my DWI.

    They are running a background check on me. Would that show up in a background check? Can they access that information? Is it legal for them to ask that in an interview?

    I really want this job, but I do not want to disclose that information to them and I don't feel I should have to. I have a right to a trial. This is only a temporary seasonal position anyways.
    It doesn't matter what you want ~ you lied. The question they asked was completely legitimate. You will not get this job and you have no one to blame but yourself.
  6. #6
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by Jessica1985 View Post
    Would that show up in a background check? Can they access that information? Is it legal for them to ask that in an interview?
    Yes, yes and yes.
    I really want this job, but I do not want to disclose that information to them and I don't feel I should have to. I have a right to a trial. This is only a temporary seasonal position anyways.
    Luckily, your feelings do not override the law. Employers are only barred from asking about criminal cases "not then pending", which yours clearly is.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  7. #7
    Country Living is offline Senior Member
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    They won't want a drunk operating any of their equipment.
  8. #8
    Jessica1985 is offline Junior Member
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    lol. i am not a drunk thank you! And I am going to laugh at y'all when I get it, because they already told me that I was selected for employment, so if nothing comes up between now and when I start, I should be hired for the job.

    You people are mean and rude! I came to ask for advice and you guys are calling me a liar and a drunk, wow. That's messed up!

    I think employers these days want too much information. I don't think it's any of their business what my credit is like or any pending charges that haven't even gone to trial yet. Now if I had pending murder charges or something heinous like that, that's understandable...

    even the most upstanding people get DWI's and it could happen to anyone.
  9. #9
    Jessica1985 is offline Junior Member
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    proud parent, the position is in mail processing and dwi would not affect my performance of the job whatsoever since i am not required to drive. I basically have the job so far is what I'm told, but I'm just waiting to start to see if not disclosing that information when asked will come back on me... i hope not.
  10. #10
    eerelations is offline Senior Member
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    Ummm - you're the one who told us (right off the bat, in your first post, before anyone called you anything!) that you're a drunk and a liar. You said that you had DWI charges pending (there's the drunk part) and that you lied to a prospective employer about it (there's the liar part).

    And now you're saying you're not a drunk and a liar? That you actually haven't been charged with DWI? And that you never lied to this prospective employer about it? What on earth was your first post about? Why are you even here if you didn't actually have any questions for us?

    (And BTW sweetie, people who DWI aren't upstanding, not at all, ever. People who DWI are evil, stupid, negligent sociopaths who are so addicted to alcohol that they can't stop themselves from drinking when they know they'll be driving, and who are so irresponsible they don't give a damn about the lives of others in their paths. People like you.)
  11. #11
    Country Living is offline Senior Member
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    Your DWI was the FIRST time you were caught drinking and driving. It doesn't take into account all the times you would drink and drive and didn't get caught.
  12. #12
    Country Living is offline Senior Member
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    This may be a seasonal job you don't care about... wait until you find a job you really want and they won't hire you because you have a DWI. I don't think you're going to be quite so prissy then.
  13. #13
    Jessica1985 is offline Junior Member
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    Oh and nobody said I didn't care about this job except you. Don't assume that. If I didn't care about it, I wouldn't have applied. thanks.

    And to set the other jerk straight. I did lie, but that doesn't make me a liar. I did get a DWI, but that doesn't make me a drunk. I don't drink everyday and I don't lie everyday. I am not so narrow minded as you to let one action define someone so generally...

    what i don't care about... is what u people think
  14. #14
    Country Living is offline Senior Member
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    Quote Originally Posted by Jessica1985 View Post
    well, in any case, I am not a drunk, I just had too much to drink one night and I hope some of u *******s go out to the road to get your mail and get run over by a drunk driver, then u can say you have met a person who cannot control their drinking.... that's the person you should be mad at, not me
    My mother was killed by a drunk driver when I was 12 by someone who said they didn't have a drinking problem.
  15. #15
    ecmst12 is offline Senior Member
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    A DUI couldn't happen to "anyone". It could only happen to people who drive drunk. Duh.

    Even if you get the job at first, once they find out that you lied during your interview you will be fired so fast your head will spin. And you won't qualify for UC either. Had you told the truth, they might have hired you anyway. Since you lied, you have sealed your fate as it is only a matter of time before they find out.

    Sounds like you didn't even learn from EITHER mistake - the DUI or the lying about it.

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