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Employee did not include misdemeanor on application
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Employee did not include misdemeanor on application
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Employee was hired, given start date, signed offer letter, great references, medical cleared, however fingerprints showed a DWAI from 1997 which was not on application, so we asked for disposition fro
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Employee did not include misdemeanor on application
posted at 11/27/2010 4:48 PM EST
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Posts: 5
First: 11/27/2010 Last: 12/2/2010 |
Employee was hired, given start date, signed offer letter, great references, medical cleared, however fingerprints showed a DWAI from 1997 which was not on application, so we asked for disposition from court and letter from applicant with explanation. Employee stated that it was an oversight, other job applications say "felony only" and he did not think to include it due to that reason (did not read application properly). Committee in HR will be reviewing everything and start date was postponed until further notice. Anyone ever experience this? |
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Employee did not include misdemeanor on application
posted at 11/28/2010 6:08 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Yes, and I ignore things like this. If it was an undisclosed felony, that's one thing. But driving under the influence 14 years ago is quite another.
Someone in your company needs to apply some common sense here. |
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Employee did not include misdemeanor on application
posted at 11/29/2010 1:38 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
I agree, you're spending 'way too much time and energy (convening an entire HR committee for a group fret! amazing!) on something that should have been decided easily by one person in less than a minute. And postponing a start date over this non-issue? Not the greatest PR move your company ever made, never mind the fact that if the candidate resigned from another job for this one, you may be at risk for a lawsuit. |
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Employee did not include misdemeanor on application
posted at 11/29/2010 5:18 AM EST
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
Common sense? - there you go!
Is there a law that says everyone has to start making sense? Imagine, no more insanity, no more charlatans - just sensible people making good decisions. Sign me up. |
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Employee did not include misdemeanor on application
posted at 11/29/2010 6:47 AM EST
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Posts: 5
First: 11/27/2010 Last: 12/2/2010 |
Does it change things if it's a large hospital/health system? I have never experienced this so I'm just wondering if it's routine protocol just to cover employers back. What are the chances are that the offer would be rescinded. The offer letter states "at-will" employment and offer can be withdrawn after results of background check, etc so how does lawsuit play in?
What happens in other large organizations? |
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Employee did not include misdemeanor on application
posted at 11/29/2010 11:02 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Given that I have spent a significant amount of my career in healthcare I would still answer that it makes no difference.
Now..if the job entails driving then it could. However, the "HR Committee" remains an extreme over reaction. This is a one person decision and if they can't make it then they need to get out of the way and let someone else do it. |
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