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felony conviction
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When sending out a regrets letter to someone who was disqualified due to a felony conviction, should I indicate the reason for the disqualification or just send the usual generic regret letter?
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felony conviction
posted at 6/30/2009 11:42 AM EDT
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Posts: 94
First: 2/7/2008
Last: 3/21/2011
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When sending out a regrets letter to someone who was disqualified due to a felony conviction, should I indicate the reason for the disqualification or just send the usual generic regret letter?
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felony conviction
posted at 6/30/2009 12:19 PM EDT
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Posts: 3870
First: 2/12/2002
Last: 11/2/2009
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I always try to keep reject letters as vanilla as possible with a simple statement that "we have found a candidate who better matched our needs".
If you have a background check provider are they sending the FCRA letter?
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felony conviction
posted at 6/30/2009 12:33 PM EDT
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Posts: 94
First: 2/7/2008
Last: 3/21/2011
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No background check. It was stated on the employment application.
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felony conviction
posted at 6/30/2009 12:45 PM EDT
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Posts: 410
First: 1/26/2006
Last: 11/15/2010
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Hi:
No consumer reporting agency involved, then the generic letter is just fine.
Dave Arnold, Ph.D., J.D.
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felony conviction
posted at 7/8/2009 8:43 AM EDT
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Posts: 21
First: 6/17/2009
Last: 6/21/2010
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I would stick with the generic letter, spelling out your reasons could get you into trouble. I know that here in WI there is a state law that is pretty strict on when you can consider convictions as a disqualifier for employment.
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felony conviction
posted at 7/9/2009 5:48 AM EDT
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Posts: 1
First: 7/9/2009
Last: 7/9/2009
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I always try to keep my rejection letters very non-specific. The other bloggers are correct --- why give the candidate any legal ammunition? --- but also, giving a reason can open you to an "argument" from the candidate ... you didn't understand their qualifications; you missed the point that they really had the experience you were looking for; their degree actually included the classes you needed them to have, etc. Keep yourself and your company safe --- leave out the reason. They can't argue that the "vanilla" reason that you "selected a candidate that more closely matched the job requirements"!!
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felony conviction
posted at 7/9/2009 6:46 AM EDT
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Posts: 2
First: 5/28/2009
Last: 7/9/2009
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I agree with everyone - keep it as generic as possible. There will be less to come back and bite you later. Good luck!
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felony conviction
posted at 7/9/2009 7:18 AM EDT
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Posts: 1
First: 7/9/2009
Last: 7/9/2009
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I believe that if an authorized third party conducted the check, you are obligated under the FCRA to disclose the results to the candidate in writing. That is one reason we want to the final round of our interview process to conduct background investigations.
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felony conviction
posted at 7/9/2009 10:40 AM EDT
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Posts: 3
First: 3/29/2007
Last: 7/9/2009
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execcm is right about the obligation under the FCRA to disclose the results to the candidate in writing. That is primarily to give the candidate a chance to challenge the accuracy of the criminal check. If you don't ask about felonies upfront, and a background check reveals a record, the candidate may challenge the relevancy of his conviction to the job you are seeking to fill. If you reject him because of a criminal record, you better have a sound business driven reason to do so. A felony conviction for theft should be enough to reject a candidate for a retail job, but less of an issue at a transmission assembly plant. Concerns for workplace safety should make violence related felonies a deal breaker for almost any employment, especially recent convictions. We ask upfront about felony convictions in the last seven years, and use that information with the rest of the application and the interview, to ultimately decide on a candidate's fit. The background check is post offer.
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felony conviction
posted at 7/9/2009 11:29 AM EDT
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Posts: 3870
First: 2/12/2002
Last: 11/2/2009
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I agree with doing the background check post offer. It reduces your background check costs somewhat and also gets that nasty little disparate impact thingy out of the way.
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