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Deferred Adjudication
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Deferred Adjudication
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A new hire's background check came back with a hit for drug posession in the last year. This is something we would usually DQ for. The applicant condends that because the charge was sent to deferred a
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Forums » Topic Forums » Legal Forum » Deferred Adjudication
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Deferred Adjudication
posted at 4/26/2011 6:50 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi:
If you contact the Texas Commission on Human Rights this agency could probably give you the definitive answer on the appropriateness of using such information to deny employment. Dave Arnold, Ph.D., J.D. |
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Deferred Adjudication
posted at 4/26/2011 7:15 AM EDT
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Posts: 237
First: 7/10/2007 Last: 8/31/2011 |
Thanks for the input!
It bugs me the this person wasn't up-front with us about his history, essentially lying on his application. It also troubles me that I may have no recourse but to hire someone with history of drug dealing, DWIs and violence in a non-profit organization that serves children. The job is essentially outside yard work and maintenance, so his contact with children should be minimal. |
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Deferred Adjudication
posted at 4/26/2011 7:42 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Why do you "have no recourse"? Why can't you just hire another applicant and just say that the reason for hiring was that you hired the best person available??
Do you use a "probationary" period? If yes then you can take advantage of this to let the person go at the end. |
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Deferred Adjudication
posted at 5/10/2011 5:40 AM EDT
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Posts: 7
First: 10/3/2006 Last: 8/2/2011 |
howard- sorry I am so slow to respond as I haven't been on the forum recently - but you asked how we inform our clients about the deferred adjudications - we tell them whatever the particular county reports to us - if the county showed that he plead guilty and was granted deferred adjudication then we report that - but if/when the person completed the def adj, then the report will show the case was dismissed and we always type "non-conviction" on the report to make it very clear to our clients. If the def adj was revoked, then we report it as a "conviction". |
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