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Thursday, September 06, 2007

Another DUI Problem

Hi Evil HR Lady,

I was working as a contractor for this company for about 5 months. Company offered me a Permanent position and I accepted it. When I fill up backgound check form I mentioned DUI but I was afraid to mention details about it. As a result of background check they came to know that I had 2 DUI's and a probation violation that was in my record 2 yrs ago.

I was sent home from the work, and I was told that if this information is incorrect I could dispute the background check report. Company will give me 3 days to do so. I don't know what should I do. All the information on the background check report are correct. I believe the reason they send me home was because I did not mention all the details on the background check application. Could this be the reason?

What should I do to convince them that I did not try to hide anything. I was trying to be as truthful as I could. My manager said he could give me 5 to 7 days instead of 3 days. Should I dispute the background check report and request re backgound check and fill all the details or if I could do that at all. I am a very honest and hard working employee and my managers and Directors were proud of my work. I am not sure If i could be able to get the Job back.

Yes, your lack of details is undoubtedly the reason you are being terminated, or rather not brought on board.

If I were your manager, there is probably nothing you could say to get me to take you back. Why? It's not because of the DUI (although 2 DUIs and a probation violation scream "IRRESPONSIBLE!" which makes your desirability as an employee quite low). It' because of the dishonesty.

You were afraid to mention the details, but it is the details that got you in trouble. Notice that they didn't care that you had the DUI. (And it's illegal to discriminate against someone on the basis of a conviction unless the conviction is related to the job.) What they did care about was that you didn't tell the truth.

Yes, there is a possibility you wouldn't have gotten the original contract work if you'd said, "two DUIs and a probation violation", but you wouldn't be where you are now if you had been honest.

Your best bet--explain to your manager that it is all correct, that you put the original DUI on the application, but left off details. Apologize profusely. If you truly are a good worker, he may give you another chance.

And just to everyone else, please, please, please be honest on your applications. I know other people lie. Other people get caught, too.


Blogosaurus said...

I have a question: why is someone's criminal record even asked about? If you can't discriminate on its basis, why even ask? Wouldn't it be better to list the "work related" offenses or groups of offenses and then, if your background fits, you would be required fess up. But if you've done something that's not relevant to the job (such as a DUI not on work time), why should that be open for scrutiny?

(I'm not an expert in these things, sorry if this is hopelessly niave or foolish to ask!)

Jayna Wiesemann said...

I wanted to respond to the blogosaurus' comment with a quick answer...

Companies want to know about someone's criminal background because they are responsible for their employee's safety in the workplace. If an applicant has a violent crime in their past it creates a level of risk and it is a liability if that person acts out in a violent manner on the job. Past behavior is a strong indicator of future behavior.

Obviously, people change; however, as an employer I would never open my company to the potential liability (not to mention personal safety issues) surrounding hiring someone with a rape, assault or other violent crime in their past.

The rule of thumb when it comes to employment applications and background check forms is to overshare!

In your situation, at the very least you should list something like, "DUI, probation violation - can provide details as needed." That allows the company to make the decision around how much they want to know and you are covered because you disclosed the charges they would find on your record.

I totally agree with The Evil HR Lady's advise...go to your manager and apologize...and be sincere!

Good luck!
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Onehealthpro said...

According to national surveys, the problem of lying on job applications is huge. If the organization can't trust you during the application phase, most certainly they can't trust you with their resources and/or clients.

Mike said...

He's worried about his job? This dirtbag is lucky he's not rotting in jail, as he'd certainly be if he lived in one of the many countries that take DUI seriously.

It would be nice if he'd learned his lesson, but the fact he got a 2nd DUI pretty much proves he's hopeless.

Megster67 said...

My company had interviewed a candidate who had just the right technical skills for the job opening in question. He came referred by a highly-regarded employee in the same department. My HR director insisted on us conducting full background checks, including verifying previous employment, salaries, all degrees, and speaking with former managers and 3 personal references.

I was unable to verify his bachelor's degree as he had listed it on his application. When I told him I was having trouble verifying, and could he help me out, he said, actually, I was one course shy of the degree - it was a distribution requirement not related to the degree and he just never finished it, from years ago. When he asked if it mattered, since it wasn't related to the degree or the job, I replied, well yes, it is related - you falsified your application - how do we know you won't fudge the details on something work-related? He had no reply. Totally shot himself in the foot. And it was a shame, too, because everyone who interviewed him felt he was an excellent fit for the job and the company.

I always felt the background checks were tedious, but we uncovered more than a few such instances during my 6 years at that company that kept us from hiring individuals with less-than-stellar integrity.

John said...

I am impressed with this site.It's nice.I have similar thing i am dealing with.
My aim is to share any type of information with all of you.If i have
done any mistake please excuse me.