WisconsinIT
Junior Member
I live in Wisconsin, and have a question concerning caregiver background checks.
I recently applied for a job as a pc repair person at a medical clinic here in wisconsin. I passed all the interviews and reference checks, and was offered a position pending a caregiver background check and drug test. I filled out the background consent form and did the drug test.
Four days after, I get called to come down to their office. I speak to an HR rep there that tells me there is a problem with my background check. They said you were arrested in 1999 for felony child abuse. I said yes, this is true. They asked why I didn't disclose that and I said because the form asked for convictions, not arrests. I told them I was not convicted, the charge was ammended to a county level ordinance disorderly conduct. They said can you prove this. I said yes, and then asked if I could see their report from the DOJ. I showed them on their own report where it said the charge had been ammended to the latter. I said if you like, I will get you a certified copy of the ammendment from the court.
They said they would get it themselves, but first they wanted me to make a written statement of the circumstances surrounding the arrest and what the end result was. They said they had to forward all this information to people higher up who would then make a decision as to whether or not they could actually hire me.
I have some problems with all of this. As I understand the law here in Wisconsin, they did some things which are not supposed to happen...
1. They are holding an arrest record against me for hiring consideration.
2. They asked me to explain the whole thing, in writing, when the initial charge ended up being dropped down to something that wasn't even a crime.
3. The entire thing, even if I had been convicted, had absolutely nothing to do with the duties of the job I was offered by them.
Am I right on any of this? Or have I deluded myself. The simple fact of the matter is, that if I'm wrong, so be it, I can live with that and it's a lesson learned. But if I'm right, even if I am hired I intend to bring this whole thing up to their legal department, so that someone else doesn't have to go through this. If I'm not hired, I'm thinking about filing complaints with the proper governmental authorities. Can anyone help me out here?
I recently applied for a job as a pc repair person at a medical clinic here in wisconsin. I passed all the interviews and reference checks, and was offered a position pending a caregiver background check and drug test. I filled out the background consent form and did the drug test.
Four days after, I get called to come down to their office. I speak to an HR rep there that tells me there is a problem with my background check. They said you were arrested in 1999 for felony child abuse. I said yes, this is true. They asked why I didn't disclose that and I said because the form asked for convictions, not arrests. I told them I was not convicted, the charge was ammended to a county level ordinance disorderly conduct. They said can you prove this. I said yes, and then asked if I could see their report from the DOJ. I showed them on their own report where it said the charge had been ammended to the latter. I said if you like, I will get you a certified copy of the ammendment from the court.
They said they would get it themselves, but first they wanted me to make a written statement of the circumstances surrounding the arrest and what the end result was. They said they had to forward all this information to people higher up who would then make a decision as to whether or not they could actually hire me.
I have some problems with all of this. As I understand the law here in Wisconsin, they did some things which are not supposed to happen...
1. They are holding an arrest record against me for hiring consideration.
2. They asked me to explain the whole thing, in writing, when the initial charge ended up being dropped down to something that wasn't even a crime.
3. The entire thing, even if I had been convicted, had absolutely nothing to do with the duties of the job I was offered by them.
Am I right on any of this? Or have I deluded myself. The simple fact of the matter is, that if I'm wrong, so be it, I can live with that and it's a lesson learned. But if I'm right, even if I am hired I intend to bring this whole thing up to their legal department, so that someone else doesn't have to go through this. If I'm not hired, I'm thinking about filing complaints with the proper governmental authorities. Can anyone help me out here?