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Wont hire because of charges
- Thread starter zachb614
- Start date
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cbg
I'm a Northern Girl
An employer cannot refuse to hire you because of an arrest, although in many cases they can refuse to hire you because of a conviction. However, there can be many reasons why you might not be getting hired; it's a tough job market out there. How do you KNOW it's because of your felony charge?
BelizeBreeze
Senior Member
And absent a firm offer of employment there is no case here.
Telling the temp agency not to send this person back on-site is NOT illegal. The poster works for the temp agency, not the client.
Telling the temp agency not to send this person back on-site is NOT illegal. The poster works for the temp agency, not the client.
cbg
I'm a Northern Girl
But the client had made an offer of employment; then withdrew it because of the arrest record. Going SOLELY on that information (and I'm not convinced that we have the whole story) that would appear on the surface to be illegal. The EEOC has established that a policy of not hiring someone on the basis of an arrest which does not lead to a conviction can have an adverse impact on certain races.
However, if the poster had answered a question regarding arrests in an interview or on an application in the negative, perhaps believing that he was entitled under the law to do so (under Ohio law he's not, unless the arrest record has been expunged), then the employer would be entitled to withdraw the job offer not on the basis of the arrest record, but on the basis of his having lied. That is NOT illegal; in fact, I would expect an employer to do so. There could also be dozens of facts the poster has not provided which could change the situation.
However, if the poster had answered a question regarding arrests in an interview or on an application in the negative, perhaps believing that he was entitled under the law to do so (under Ohio law he's not, unless the arrest record has been expunged), then the employer would be entitled to withdraw the job offer not on the basis of the arrest record, but on the basis of his having lied. That is NOT illegal; in fact, I would expect an employer to do so. There could also be dozens of facts the poster has not provided which could change the situation.
BelizeBreeze
Senior Member
And I agree. However, as you alluded to above, to this point there is NO proof there was a valid offer of employment.cbg said:
helen kline
Junior Member
prosequi
what if you were charged then entered a pretrial program? the backgroung check came up saying that action was deferred. THe papers at the court house end with a entry of "nolle prosequi". CAn the employing agency then deny employment?
what if you were charged then entered a pretrial program? the backgroung check came up saying that action was deferred. THe papers at the court house end with a entry of "nolle prosequi". CAn the employing agency then deny employment?
Zach...
CBJ already gave some good responses; however, we don't have the clear story. I am curious to know the following:
1. What specifically were you charged with?
2. When were you charged?
3. What was the position you were applying for?
4. Did the position have ANY relation (even remotely) to the job you were applying for?
5. Was this charge the *only* reason you were not offered the job? If you don't know, just say so....
6. Did they conduct reference checks? Were those favorable?
A little more info would enable others to better assist you.
CBJ already gave some good responses; however, we don't have the clear story. I am curious to know the following:
1. What specifically were you charged with?
2. When were you charged?
3. What was the position you were applying for?
4. Did the position have ANY relation (even remotely) to the job you were applying for?
5. Was this charge the *only* reason you were not offered the job? If you don't know, just say so....
6. Did they conduct reference checks? Were those favorable?
A little more info would enable others to better assist you.
1. What specifically were you charged with?
I know this is bad but 4 felony 1
2. When were you charged?
about a year ago
3. What was the position you were applying for?
a factory job(making plastic car parts)
4. Did the position have ANY relation (even remotely) to the job you were applying for?
5. Was this charge the *only* reason you were not offered the job? If you don't know, just say so....
I worked for a temp service they placed me here they offered me the job within 2 months then asked me to fill out paperwork I did they had me do a drug test I did I passed they did a background check and sent an email to my temp service stating not to return attached to the email was the information the background check pulled up they never asked if I have been arrested just convicted which I stated no.
6. Did they conduct reference checks? Were those favorable?
I am not aware of them conducting reference checks
I know this is bad but 4 felony 1
2. When were you charged?
about a year ago
3. What was the position you were applying for?
a factory job(making plastic car parts)
4. Did the position have ANY relation (even remotely) to the job you were applying for?
5. Was this charge the *only* reason you were not offered the job? If you don't know, just say so....
I worked for a temp service they placed me here they offered me the job within 2 months then asked me to fill out paperwork I did they had me do a drug test I did I passed they did a background check and sent an email to my temp service stating not to return attached to the email was the information the background check pulled up they never asked if I have been arrested just convicted which I stated no.
6. Did they conduct reference checks? Were those favorable?
I am not aware of them conducting reference checks
Zach,zachb614 said:
Regarding question #4, I meant to ask if your charge had any relation to the job you were applying for. In addition, you do have 2 very serious and recent charges and OH employers are allowed to consider "arrest only" charges in hiring/firing decisions.
I would type up a Statment of this incident and provide the details of the arrest, dispostion, etc... and share with each potential employer. Employers want honest, sincere, and forthcoming employees. Some of my clients have hired employees with felony records and believe it was the Statement (which I also read and consult with them about) that helps them get their foot in the door.
Good Luck and stay out of trouble!
cbg
I'm a Northern Girl
An example of what CO19 means by question number 4 is, if you were charged with embezzling, were you applying for a job as a bank teller? If you were charged with shoplifting, were you applying for a job as a salesclerk? If you were charged with child molesting, were you applying for a job as a kindergarten teacher?
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