Archived Criminal records

[redstripes]

I've known of team members who get hired within a year of a receiving a DUI. We've also had people have to call out because they were put in jail, and no repercussions.

A DUI from 30 years ago is far enough back you could still pass most high security government and criminal justice careers. The fraud charges you bring up that are much more recent are the larger concern.

 

[POGguy]

Be upfront about everything. A few years back there was a guy on our flow team that did like 5-6 years in prison and got hired not long after his release.

It happens.

 

[BckRmBeast]

How would that apply if someone was arrested while employed, but nothing actually happened with them after being arrested? I.e. no trial.

 

[commiecorvus]

How would that apply if someone was arrested while employed, but nothing actually happened with them after being arrested? I.e. no trial.

Depends on why there was no trial.
Did they plea bargain and get probation or was there no charges so they walked out clean?
The first it's going to depend on the crime and what job they have at the store.
AP it doesn't matter the crime, they are probably going to lose the job.
Working flow not so much.
Walking out clear, nobody will care.

 

[BckRmBeast]

No plea bargain and the job for the team member in question is not in anyway AP related.

 

[BckRmBeast]

The team member was never told what policy was violated.

 

[BckRmBeast]

Looks like it is an alleged non violent, non fraud class d felony.

 

[commiecorvus]

Considering that a Class D felony can cover a lot of ground depending on what state you are in that doesn't mean much.
So if we go with your caveats of non-violent, non fraud that still leaves: falsely reporting an incident, unlawful surveillance, promoting an obscene sexual performance by a child, promoting a sexual performance by a child, criminal possession of weapon, criminal sale of a weapon in the third degree, criminal sale of a firearm with the aid of a minor, and manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
None of which are things that make people feel very comfortable.

 

[BckRmBeast]

Understandable, but if the team member has not been convicted etc and this is all alleged,has received no documentation or documents or signed anything it brings up questions.

 

[commiecorvus]

Understandable, but if the team member has not been convicted etc and this is all alleged,has received no documentation or documents or signed anything it brings up questions.

If the person was proven not guilty or the charges were dropped than there shouldn't be a problem.

If the person is still under investigation, that's a whole other set of problems.

 

[BckRmBeast]

And what might those problems be if you have any knowledge.

 

[Amaazingdude]

If the person was proven not guilty or the charges were dropped than there shouldn't be a problem.

If the person is still under investigation, that's a whole other set of problems.

It depends on the charge and why it was dropped too. Some states have 1st time offender programs that drop the charges but it's still on your record.

 

[commiecorvus]

And what might those problems be if you have any knowledge.

It would mean the case is ongoing and charges could be filed at any time.
Also that they may be talking to people around the investigation, placing wire taps, collecting evidence and waiting to see if the person slips.
'A person of interest' is often the term used.

 

[BckRmBeast]

Okay, but how would that relate to the handbook and employment if a team member is a 'person of interest'?

 

[commiecorvus]

Okay, but how would that relate to the handbook and employment if a team member is a 'person of interest'?

Man, I don't know.

If the case was something major and the ETLs were sceeved out enough they might decide to bounce the person until it was clear that the person was indeed innocent.
Now is that fair?
No not really but in most states, it is legal.
Keep in mind that Spot has rooms full of lawyers that handles this kind of stuff and you can be pretty sure that the ETL-HR probably went up the food chain to check on it.
They tend not to make decisions like this on their own, there is a lot of hand holding.

Of course, I could be completely wrong on all counts.
I don't know any of the details so I'm shooting completely blind with no idea what I'm trying to hit.

 

[BckRmBeast]

Additionally the team member in question submitted documentation in that looks like the arrest was made in bad faith based on an investigation by an agency that would investigate allegations of such a type but that does not seem good enough for HR.

 

[commiecorvus]

Additionally the team member in question submitted documentation in that looks like the arrest was made in bad faith based on an investigation by an agency that would investigate allegations of such a type but that does not seem good enough for HR.

In the history of vague statements that hits somewhere in the top fifty.

The problem is that term 'bad faith'.
The TMs interpretation that the arrest was made in 'bad faith' means diddly.
Sure it could be true but IRL really no one cares except maybe their friends and parents.

Spot on the other hand has to do the usual CYA that every company does.
Once again, not fair in the slightest but SOP.
Lucky they aren't a teacher, there's a morals clause where if you even appear to have done something wrong you could be fired, innocent or not.

Look, I'm not a lawyer.
They are the best people go to with these kinds of questions.
Not only will they know the case law but they would be able to draw up scary letters to take into work that might get them to behave in a human fashion.

 

[BckRmBeast]

The team member in question did not want to go the lawyer route but they now see that it is an option especially if they are terminated.

 

[BckRmBeast]

Vague statements are the way to go on TBR. Thank you for the compliment?

In the history of vague statements that hits somewhere in the top fifty.

The problem is that term 'bad faith'.
The TMs interpretation that the arrest was made in 'bad faith' means diddly.
Sure it could be true but IRL really no one cares except maybe their friends and parents.

Spot on the other hand has to do the usual CYA that every company does.
Once again, not fair in the slightest but SOP.
Lucky they aren't a teacher, there's a morals clause where if you even appear to have done something wrong you could be fired, innocent or not.

Look, I'm not a lawyer.
They are the best people go to with these kinds of questions.
Not only will they know the case law but they would be able to draw up scary letters to take into work that might get them to behave in a human fashion.

 

[HRZone]

We just hired someone with a dui, they were in pending forever but eventually passed thru. We also had someone with a drug offense eventually pass.

The last three "not cleared to proceed" we had are

A) someone with a sex offense
B) someone with a retail theft less than 2 years, got on probation then had another retail theft
C) someone who lied about not having a conviction.

 

[jferr3]

I know of a fellow team member who has a felony conviction and they hired him the day of the interview, no drug test, no background check, nothing.

 

[HRZone]

I know of a fellow team member who has a felony conviction and they hired him the day of the interview, no drug test, no background check, nothing.

Hm... drug test aren't required for most positions but background checks definitely are. What position?

 

[SFSFun]

Hm... drug test aren't required for most positions but background checks definitely are. What position?

Don't background checks take some time to go through after being hired? I'm pretty sure I had orientation not long after my interviews. I figured if a conviction comes up on a background check that wasn't disclosed on the application, they would just fire the TM for lying about it.

My guess is that TM disclosed it and they were ok with it, so it didn't matter when it came up on the background check.

 

[HRZone]

Don't background checks take some time to go through after being hired? I'm pretty sure I had orientation not long after my interviews. I figured if a conviction comes up on a background check that wasn't disclosed on the application, they would just fire the TM for lying about it.

My guess is that TM disclosed it and they were ok with it, so it didn't matter when it came up on the background check.

The process now is they give you a chance to disclose any convictions, a third party company first advantage runs the background check and investigates convictions giving a thumbs or thumbs down.

You can be offered a job, but you aren't officially hired until you attend orientation. Pre orientation you are officially a conditional hire

 

[SFSFun]

So they don't schedule orientation until after clearing the background check?