State of PA
Basically I was made an offer of employment. The offer was as long as a satisfactory background check and drug screen. I was asked to report on the Fed 2nd. Back in August I filled out all this paper work etc for pre hire. Background checks, education verification etc. So, once I signed my offer I was basically told that they ran a background check to make sure nothing new had appeared since the one in August. Well come half way into my first day I was told that I couldnt be approved for employment because I failed to disclose something. On a form I signed...
Have you ever been convicted of a crime, other than a minor traffic offense? Convictions include guilty and no contest pleas, nolo contendere, probation, adjudication with held and diversion programs. If “Yes”, please explain:
I certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. It is understood and agreed upon that any misrepresentation by me on this application will be sufficient cause for cancellation of this application and/or separation from <company> if I have been employed.
Which I answered no. Back in August when they ran my background check two Summary Offenses did appear. No jail time...just two fines. I was unaware that this had happened. I was 19, and had a lawyer take care of everything for me. Since then It had never come up on any background check ever. So this was all new to me. However, it wasnt an issue back in August. They as for documentation and explanations etc. I provided that to them and then we moved forward in the hiring process.
Then come in Fed 2nd, when they were approving everything after the offer was made. I guess someone in HR had notice I put no on that form and said that we can't hire you. As I said before I was 19 when that I had happen. It never had come up before and I honestly had never even thought about it because of that. So between that, and the fact they had this information since August and approved me for Pre Hire and put me through 5-6 months of interviews etc and made me an offer. On the form it says:
I certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. and... Any misrepresentation by me on this application will be sufficient cause. My manager and the Vice President both agree that I had no intention of being fraudulant with the matter.
And something else that come up that I found out...
Summary Offense: A minor offense for which a person may be sentenced to a term of imprisonment for not more than ninety days. Common summary offenses include disorderly conduct, criminal mischief, underage drinking, and a first offense for retail theft of goods valued at less than $100 (shoplifting). Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15
15 18 PA. CONS. STAT. ANN. § 106.
So even though I had no memory of what happened when I was 19 until it was brought up with background check....and the fact that form ask Have you ever been convicted of a crime, And according to what I read about Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15
Is there anything that I can do? Basically even though my manager and vice president agree that I did not intentionally lie about the summary offenses on the form, it seems that HR is having a more difficult time with it. Even though out of anyone during the hiring process...the manager is the one who would know me the best and be able to make the judgment call. And no to mention they had this form since August, and anything they needed in regards to the matter I provided with them back in August. So, after they made me an offer, I resign from my job and actually had a half of day of working in already. They tell me because I did not disclose that properly on that one form they cant hire me.
And summary offenses were for underage drinking and disorderly conduct.
Basically I was made an offer of employment. The offer was as long as a satisfactory background check and drug screen. I was asked to report on the Fed 2nd. Back in August I filled out all this paper work etc for pre hire. Background checks, education verification etc. So, once I signed my offer I was basically told that they ran a background check to make sure nothing new had appeared since the one in August. Well come half way into my first day I was told that I couldnt be approved for employment because I failed to disclose something. On a form I signed...
Have you ever been convicted of a crime, other than a minor traffic offense? Convictions include guilty and no contest pleas, nolo contendere, probation, adjudication with held and diversion programs. If “Yes”, please explain:
I certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. It is understood and agreed upon that any misrepresentation by me on this application will be sufficient cause for cancellation of this application and/or separation from <company> if I have been employed.
Which I answered no. Back in August when they ran my background check two Summary Offenses did appear. No jail time...just two fines. I was unaware that this had happened. I was 19, and had a lawyer take care of everything for me. Since then It had never come up on any background check ever. So this was all new to me. However, it wasnt an issue back in August. They as for documentation and explanations etc. I provided that to them and then we moved forward in the hiring process.
Then come in Fed 2nd, when they were approving everything after the offer was made. I guess someone in HR had notice I put no on that form and said that we can't hire you. As I said before I was 19 when that I had happen. It never had come up before and I honestly had never even thought about it because of that. So between that, and the fact they had this information since August and approved me for Pre Hire and put me through 5-6 months of interviews etc and made me an offer. On the form it says:
I certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. and... Any misrepresentation by me on this application will be sufficient cause. My manager and the Vice President both agree that I had no intention of being fraudulant with the matter.
And something else that come up that I found out...
Summary Offense: A minor offense for which a person may be sentenced to a term of imprisonment for not more than ninety days. Common summary offenses include disorderly conduct, criminal mischief, underage drinking, and a first offense for retail theft of goods valued at less than $100 (shoplifting). Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15
15 18 PA. CONS. STAT. ANN. § 106.
So even though I had no memory of what happened when I was 19 until it was brought up with background check....and the fact that form ask Have you ever been convicted of a crime, And according to what I read about Conviction of a summary offense is considered a conviction of a crime only if the individual is sentenced to any period of incarceration.15
Is there anything that I can do? Basically even though my manager and vice president agree that I did not intentionally lie about the summary offenses on the form, it seems that HR is having a more difficult time with it. Even though out of anyone during the hiring process...the manager is the one who would know me the best and be able to make the judgment call. And no to mention they had this form since August, and anything they needed in regards to the matter I provided with them back in August. So, after they made me an offer, I resign from my job and actually had a half of day of working in already. They tell me because I did not disclose that properly on that one form they cant hire me.
And summary offenses were for underage drinking and disorderly conduct.
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