RN that can't find work!

[Mommaky]

I need clarification of labor laws impacting my career in Pennsylvania as I'm unable to find employment here. My PA Nursing license is active, unrestricted. I have a felony conviction from 1998. I'm hearing that the Older Adults Protective Act is inhibiting my employment in long term care, hospice and home health specifically. But I've applied for every type of nursing position and never hear from anyone. Everything goes well until the background check and then all job offers are recinded. The FBI background check is required since I was out of state more than two years. I've researched this Act and found it was challenged in court; Peake v Commonwealth, 2015, and it was found to be unconstitutional to forever prohibit someone from their career for past offences. But legal counsel for the prospective employers always recommend not hiring me. I've reached out to some human resource people, as well as the Department of Aging. But not getting clear answers. My question is does this impact every job in healthcare or just the 3areas mentioned above? Is there anything I can do? I've started the process of applying for a pardon, but that will take years.

 

[PayrollHRGuy]

It seems Peake v Commonwealth decided a lifetime ban was unconstitutional. This has not stopped employers from not hiring an individual based on their background check after doing a risk assessment.

What was your felony?

 

[FlyingRon]

And only the lack of due process was the decision for the ban. Of course, as HRGuy says, even without the law, a lot of employers will be reticent on hiring felons and there's nothing in PA law that gives you protection against this prejudice. Certainly, anything involved with drug use or abuse of people in your care is going to make things difficult.

 

[Just Blue]

I need clarification of labor laws impacting my career in Pennsylvania as I'm unable to find employment here. My PA Nursing license is active, unrestricted. I have a felony conviction from 1998. I'm hearing that the Older Adults Protective Act is inhibiting my employment in long term care, hospice and home health specifically. But I've applied for every type of nursing position and never hear from anyone. Everything goes well until the background check and then all job offers are recinded. The FBI background check is required since I was out of state more than two years. I've researched this Act and found it was challenged in court; Peake v Commonwealth, 2015, and it was found to be unconstitutional to forever prohibit someone from their career for past offences. But legal counsel for the prospective employers always recommend not hiring me. I've reached out to some human resource people, as well as the Department of Aging. But not getting clear answers. My question is does this impact every job in healthcare or just the 3areas mentioned above? Is there anything I can do? I've started the process of applying for a pardon, but that will take years.

Were you convicted of Elder Abuse?

 

[quincy]

You might have to wait for the pardon.

Here is a link to Peake v. Commonwealth:
https://caselaw.findlaw.com/pa-commonwealth-court/1721962.html
Although a lifetime employment ban was found unconstitutional, the decision did not eliminate the right of employers to do background checks and weigh the criminal histories of applicants against the nature of and requirements for the applied-for positions.

An employer should base a hiring decision not on a criminal offense alone but consider the nature of the crime, the facts of the conviction, the time passed since the conviction, and any rehabilitation. In other words, an employer should not presume unfitness based on a background check alone.

 

[Mommaky]

And only the lack of due process was the decision for the ban. Of course, as HRGuy says, even without the law, a lot of employers will be reticent on hiring felons and there's nothing in PA law that gives you protection against this prejudice. Certainly, anything involved with drug use or abuse of people in your care is going to make things difficult.

Were you convicted of Elder Abuse?

Not convicted of elder abuse. And never

It seems Peake v Commonwealth decided a lifetime ban was unconstitutional. This has not stopped employers from not hiring an individual based on their background check after doing a risk assessment.

What was your felony?

My felony was for violation of controlled substance; possession/fraud/deception, and forgery. This was involving my own prescription as I never stole from work or diverted meds. I believe the forgery charge is the big hangup. As I mentioned, this was over 20 years ago. I complied with everything that the PA State Board of Nursing/Impaired Professionals program set up for me when my license was reinstated in 2005. I worked in a hospital from 2005 through 2011, then worked long term care management in Illinois for the past 7 years. I returned to PA and found that I can't do that same job here. That just sounds stupid to me!

 

[Mommaky]

And only the lack of due process was the decision for the ban. Of course, as HRGuy says, even without the law, a lot of employers will be reticent on hiring felons and there's nothing in PA law that gives you protection against this prejudice. Certainly, anything involved with drug use or abuse of people in your care is going to make things difficult.

My license was suspended until 2005 by the PA Nursing board. I complied with all of their conditions and worked with the Impaired Professionals program for years. From 2005-2011 I worked full time at a hospital. The past 7 years I worked in long term care management in Illinois. Now I return to PA and find that I can't do the same job? That doesn't sound right to me. I've proved myself responsible and dependable. And my drug issue never crossed the workplace line.

 

[not2cleverRed]

I think it would be easier for you if the felony were completely unrelated to medicine.

It's not as though you committed grand theft auto (<-- my attempt at finding a non-medical felony).

I'd suggest continuing to apply while trying to get a pardon. Perhaps you need to address "the elephant in the room" before the background checks.

 

[quincy]

An employer can weigh the risks of hiring you against the benefits of hiring you. Your application can be judged against the applications submitted by others. Your drug-related felony puts you at a disadvantage, all other things being equal.

 

[Mommaky]

You might have to wait for the pardon.

Here is a link to Peake v. Commonwealth:
https://caselaw.findlaw.com/pa-commonwealth-court/1721962.html
Although a lifetime employment ban was found unconstitutional, the decision did not eliminate the right of employers to do background checks and weigh the criminal histories of applicants against the nature of and requirements for the applied-for positions.

An employer should base a hiring decision not on a criminal offense alone but consider the nature of the crime, the facts of the conviction, the time passed since the conviction, and any rehabilitation. In other words, an employer should not presume unfitness based on a background check alone.

The strange thing was that I made all prospective employers aware of my past history during my seven interviews last October. Most of them cited your words exactly! Stating that since more than 20 years had passed and I had been employed in nursing without incident, I shouldn't have a problem. So I found housing and committed to a move here only to have the job offer rescinded 2 weeks prior to the move!! I've applied for more than 40 jobs since then; nothing works out. Thinking about doing travel nursing and going back to Illinois just to get an income. But that's sad!

 

[quincy]

The strange thing was that I made all prospective employers aware of my past history during my seven interviews last October. Most of them cited your words exactly! Stating that since more than 20 years had passed and I had been employed in nursing without incident, I shouldn't have a problem. So I found housing and committed to a move here only to have the job offer rescinded 2 weeks prior to the move!! I've applied for more than 40 jobs since then; nothing works out. Thinking about doing travel nursing and going back to Illinois just to get an income. But that's sad!

It is sad but it is an unfortunate reality. A criminal history makes you a less attractive candidate for a job than someone who has committed no crimes.

Some employers are more willing to take the risk of hiring a felon than others. And it IS a risk. The employer opens himself up to liability should the known felon commit a similar crime in the workplace.

You might try to find an area where nurses are in short supply.

 

[Mommaky]

It seems Peake v Commonwealth decided a lifetime ban was unconstitutional. This has not stopped employers from not hiring an individual based on their background check after doing a risk assessment.

What was your felony?

My felony was for acquiring a controlled substance by fraud/deception/subterfuge and for forgery. This involved my personal prescriptions and never crossed the workplace line. I received probation in the courts. I went for treatment and complied with all conditions set forth by the PA Nursing Board when my license was reinstated. I returned to nursing in 2005; working in a hospital. Then moved to Illinois and have worked long term care for the past 7 years in management. I wanted to continue on that career path; but found I can't do that same job here in PA. I was the Assistant Director of Nursing at a facility in Illinois; highly valued and respected. But no one in these employers legal departments asked me questions or spoke to me regarding the background check. I made every facility aware of my past felony during the interview. I notice in some job posts that the applicant needs to pass certain Acts. Do you know which specific Act that I need to key in on? Is there any nursing area that will hire me? One HR employee told me to stay away from long term care, hospice and home health since they focus on elderly

 

[quincy]

You probably would be smart to avoid applying for positions where you are responsible for the dispensing of drugs. I am not sure what positions like that exist in the nursing field.

I suggest you make an appointment with a director of nursing to see how you can get from where you are now to where you want to be.

 

[Taxing Matters]

It's not as though you committed grand theft auto (<-- my attempt at finding a non-medical felony).

Theft offenses would be a problem in many jobs, including many nursing jobs, as the risk would be that the nurse might steal from patients or the employer. Perhaps a felony that would not cause most employers great concern would be something like tax evasion.

 

[quincy]

Perhaps a felony that would not cause most employers great concern would be something like tax evasion.

Tax evasion might not be a felony of concern in the nursing profession but I have a feeling that at least one well known person is sweating an investigation into possible tax evasion right now.

An administrative position in nursing might be something Mommaky can consider.