Enough to retract job offer? Simple Battery and Injunction

What is the name of your state? Florida

I received a job offer from a US corporation which I am going to accept next week for a position to start in a few months. The problem is, a month ago I got into a fight with my girlfriend and was arrested on a misdemeanor battery charge. She filed an Injunction against me. I am soon going to accept a pre-trial plea bargain of adjudication withheld and probation. Now this corporation outsources their background check so I anticipate they will discover the arrest and most likely the injunction in the next 2 weeks or so. When they do the check I am sure the arrest will show as 'pending' as the A/W will not be entered or updated in time.

My question is, are either of these items enough to retract the job offer? If I am asked about the arrest by Human Resources, should I simply say it will not end in a guilty conviction, or should I go into detail and downplay the situation (as she was not seriously injured)?

The position does not involve children, old people, and I will not typically see customers face to face.

Thanks in advance,
-ID

InquisitiveDude said:

are either of these items enough to retract the job offer?

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Yes. The 'offer' is just that.... an offer. And until such time as you actually enter into a contract, the 'offer' can be withdrawn at any time. And unless you have a contract, the employment could be terminated at any time, for any reason, anyway.

If I am asked about the arrest by Human Resources, should I simply say it will not end in a guilty conviction, or should I go into detail and downplay the situation (as she was not seriously injured)?

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In the unlikely situation where they ask about it, simply respond with an honest answer.

Caveat: In some states, an employer is not allowed to take arrests into consideration when making employment decisions; only convictions. I'm not certain that Florida is one of those states, however.

Jetx's answer to your second question is 100% correct and cannot be too heavily emphasized. EVEN IF your state does not allow them to take arrests into consideration, EVERY state allows an employer to retract an offer/fire an employee if they lie.

Thanks for your quick responses. I agree that being truthful is always the most important thing.

If anyone is able to provide additional input (although I know its subjective), my other question, with the understanding that they are legally *able* to withdraw the offer, is if these two items in reality would be enough for them to retract it.

Of course I think both of these things are horrible, but in the grand scheme of things its not a felony and its not like I almost murdered someone or was trafficking drugs.


Thanks,
-ID

As you say, it is entirely subjective. There is no possible way for us to know if your employer will consider this sufficient reason to withdraw the offer or not.

cbg (and JETX), I thank you for your help. Based upon the hundreds of other threads I've read, it seems to me that you might be some sort of HR or hiring personnel. In another thread I believe you stated that you had no convicted felons working for you. I was wondering what your organizations stance was on "violent" misdemeanors such as battery (of course). Do you have some sort of written guidelines or is there some discretion involved, as I know certain things are usually stated on application, like nature and time period of offense. So how are these decisions made?

Thanks,
-ID

It doesn't matter what guidelines I use. What matters is what guidelines your employer uses. Until you hear from them, there is NO WAY to know if they are going to be concerned about this or not. What another employer would do is not binding on them.

Fair enough. Obviously I'm just overanxious. I'll keep the board updated on what happens...if I make it to February or so I think I'll be ok.

-ID

cbg-

Not sure if you have a quick reference, or if you know of the top of your head, but do you know if Illinois, Connecticut, and Ohio are able to take arrests into consideration?

Thanks,

-ID

According to my source, the laws in Connecticut only addresses instances where a criminal record has been erased, although the state encourages employers to hire qualified applicants who have criminal records. Ohio laws only limit the employer with regard to juvenile records, criminal records that have been sealed, and arrest records that have been expunged. My source shows no state laws regarding arrests or convictions for the state of Illinois.

I would assume from my summary that the employer is free to follow their policy with regards to any arrests or convictions not covered in the above.