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  1. #1
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    the past is the past no matter what!

    What is the name of your state (only U.S. law)? Washington State

    if I am denied Employment for a legal Prejudice from another State, that i do not live in, and have Legal forgiveness in the state i do live in, do I have a claim to a background check costing me the position applied for.?

    I spent 6 weeks working to get this job with Aerotek (Genie Industries) as a weld specialist. I past all my tests, and waited for 2 weeks after to get the word from the background check, when I found out that is was over an issue from 9 years ago, 2 years past the 7 year limit, Genie rejected my employment, I wrote to refute the issue and have not heard back from them since. this has affected my family of 6, I put my family's welfare on the line and went into some debt while waiting to receive news that i did not get the position, without an explanation. I have gone to Africa and back with a passport that this kind of background check would prevent if is was an active criminal issue, so how is it that I cannot get a job. except that this denial is prejudice because of my past, and is a legal discrimination for what my past has.


  2. #2
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    Quote Originally Posted by PapaLiki17 View Post
    What is the name of your state (only U.S. law)? Washington State

    if I am denied Employment for a legal Prejudice from another State, that i do not live in, and have Legal forgiveness in the state i do live in, do I have a claim to a background check costing me the position applied for.?

    I spent 6 weeks working to get this job with Aerotek (Genie Industries) as a weld specialist. I past all my tests, and waited for 2 weeks after to get the word from the background check, when I found out that is was over an issue from 9 years ago, 2 years past the 7 year limit, Genie rejected my employment, I wrote to refute the issue and have not heard back from them since. this has affected my family of 6, I put my family's welfare on the line and went into some debt while waiting to receive news that i did not get the position, without an explanation. I have gone to Africa and back with a passport that this kind of background check would prevent if is was an active criminal issue, so how is it that I cannot get a job. except that this denial is prejudice because of my past, and is a legal discrimination for what my past has.
    Could you elaborate on the portion I bolded and underlined?


  3. #3
    Join Date
    May 2017
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    Washington is one of the states that provides the most protections for applicants with a criminal record. As for arrests, an employer who asks about arrests must consider whether the charges are still pending, have been dismissed, or have led to conviction that would adversely affect the applicantís job performance. Employers may consider only arrests that have occurred in the past ten years.

    An employer is entitled to obtain complete criminal record information on candidates from the state only:
    for purposes of securing a bond required for employment
    for applicants to positions that have access to information affecting national security, trade secrets, confidential or proprietary business information, money, or valuable items, or
    to assist in an investigation of suspected employee misconduct that may also constitute a penal offense under federal or state law.

    If an employer gets such a record, it must notify the employee within 30 days of receiving it or upon completing its investigation of employee misconduct. The employer must allow the employee to examine the record.

    An employer may make employment decisions based on an applicantís conviction only if the conviction or the applicantís release from prison occurred within the past ten years and the crime reasonably related to the job duties for the position.

    There are also protections under the EEOC regulations and the FCRA on the federal level.

    All that said we are going more details to know if those protections apply.


  4. #4
    Join Date
    Sep 2017
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    Washington Law,

    Aerotek is one of the companies that hire with a 7 year limit to criminal back ground, regardless, this very charges i am forgiven in the state of Washington, it was a 9 year old registration issue from Florida, where i have not been for 9 years. i have refuted it but have heard nothing back, its still discrimination. but no lawyer wants to step to my aide because of the nature of the past charges.


  5. #5
    Join Date
    Nov 2001
    Location
    Massachusetts
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    Did the employer specifically state that the denial was due to the criminal issue?


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    Join Date
    Nov 2005
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    Quote Originally Posted by PapaLiki17 View Post
    Aerotek is one of the companies that hire with a 7 year limit to criminal back ground, regardless, this very charges i am forgiven in the state of Washington, it was a 9 year old registration issue from Florida, where i have not been for 9 years. i have refuted it but have heard nothing back, its still discrimination. but no lawyer wants to step to my aide because of the nature of the past charges.
    It doesnít matter what he employer may typically do. Itís what the law allows them to do. If the law allows a 10 year look back, they can look back 10 years even if they typically only look 7.

    So, you need to figure out if the 10 year look back is allowed in your situation.

    As to going into debt and putting your family welfare on the line; thereís an old saying: donít count your chickens before they hatch. If you took action without knowing whether you would be given the job, thatís on you.


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