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The Hypothetical:
You hire a person and they fill out an app. They are working for a week or so and their records come back that at some point in their past they were found guilty of 3 charges of sexual assault against a minor. They did not say this in the beginning because at first they were a temp and did not need to divulge that info. What would you do?
He ain't heavy, he's my brother.
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I'm sorry but I'd have to say ByeBye. Not once but 3 times. No take your kids to work day for you, Maggot.
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Most won't agree with me but I'm all about how someone does their job when they are on my dime, I pretty much don't care about the other stuff, I care about the here & now for 8 hrs. a day.
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On the application it does not ask if you have had a felony. it does require that you pass a drug and background check. He failed the background with the felonous sexual assault thing. A little weed would have been ok.
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(04-17-2012, 07:44 AM)Maggot Wrote: The Hypothetical:
You hire a person and they fill out an app. They are working for a week or so and their records come back that at some point in their past they were found guilty of 3 charges of sexual assault against a minor. They did not say this in the beginning because at first they were a temp and did not need to divulge that info. What would you do?
For the temp job as you mentioned, any felony info was not requested. Now for the permanent position, felony background checks were/are required. So it may be simple, if the rules of your company says "no felon's" then the question is answered. It's quite likely, most employers would not knowingly want sexual predator's on their payroll.
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I don't care what my employees do when they're not working. But, mine care for the elderly and others who are vulnerable to theft and abuse, so I absolutely won't put someone to work until reference and background checks are complete and clear. I own my business and have "no cause" termination clauses in my employment contracts, so I could boot anyone at any time if they committed a crime after the checks had cleared.
If I worked for a company and managed employees on-site or in an office, I might not care about some types of criminal history in the past if the employee hadn't lied about it initially. For sexual assault of minors, it would have to be one stellar irreplaceable performer with an amazing attitude for me to even consider keeping him on board. If he could convince/prove to me that it was a case of dating a minor a couple of years younger and the parents filing charges, I might consider it. But, someone who has truly sexually minors would be kicked to the curb immediately, due to my personal feelings and because I think there are major problems in such a person that could manifest themselves on the job over time. If the company had no policy against hiring felons, I'd check with the HR manager and make sure that termination was handled legally.
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Maybe he got a bad rap for having a younger girlfriend. But THREE convictions? I kinda doubt it so I would ask him about it but most likely I would boot him simply because he wasn't forthcoming about it.
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(04-17-2012, 10:06 AM)ramseycat Wrote: Maybe he got a bad rap for having a younger girlfriend. But THREE convictions? I kinda doubt it so I would ask him about it but most likely I would boot him simply because he wasn't forthcoming about it.
Could be the same incident with 3 different charges, I think. Either way, I'd very likely boot him too. But, since he wasn't asked about felonies when he initially applied, he didn't lie or withhold information so there may not be grounds for firing him if a company policy doesn't prohibit hiring felons.
From a legal standpoint, might be smarter to just attach a right quick end date to his "temporary" assignment and not offer him anything permanent. I think this is how I would boot the guy; least amount of effort and no future potential liability.
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Maggot, for starters i would track down details of conviction(s).
and are they on sex offenders registry? you may or may not be concerned about that, but i'd want to know the charges/conviction(s).
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The question about felonies is asked but it is not necessarily a prohibition to employment, it can be but it doesn't have to be and I'm not sure it's legal to disqualify based on that alone.
most companies have a 90 day probation period where a person can be let go for any reason or no reason at all, does your app state it's an at will position, because I would get rid of the offender in a heart beat but I would not even tell them I know about the felonies it would just be because it's not working for me no need to hear from the labor board or a lawyer just to fire the guy.
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He started out as a temp and was doing ok for a while. then after 30 days they can get out of the temp agency and come to work full time. he filled out the app and submitted to the drug/background check. The drug check came back OK but the 3 counts of felonous sexual assault on a minor all of which he plead guilty to was enough to have his application refused. Its hard to wash that smell off I guess.
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What did you decide to do Maggot?
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John 8:7 (KJV) So when they continued asking him, he lifted up himself, and said unto them, He that is without sin among you, let him first cast a stone at her.
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(04-18-2012, 01:15 PM)Riotgear Wrote: John 8:7 (KJV) So when they continued asking him, he lifted up himself, and said unto them, He that is without sin among you, let him first cast a stone at her.
And yet He threw the money changers from the temple.
No one said kill him they said remove him from your presence have no association and no respect for him.
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
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(04-18-2012, 01:05 PM)ramseycat Wrote: What did you decide to do Maggot?
I sent him back to his cave...........
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You should be more careful who you hold hands with.
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(04-18-2012, 02:00 PM)IMaDick Wrote: (04-18-2012, 01:15 PM)Riotgear Wrote: John 8:7 (KJV) So when they continued asking him, he lifted up himself, and said unto them, He that is without sin among you, let him first cast a stone at her.
And yet He threw the money changers from the temple.
No one said kill him they said remove him from your presence have no association and no respect for him.
What if he's served his time and payed his debt to society?
Oh and maybe you shouldn't talk bible. You obviously have some sort of context issue.
Jesus threw the money changers off Temple property to test the Kung Fu he'd recently learned during his trip to Asia. The same trip where he picked up the Buddhist philosophy people give him credit for inventing.
You don't really think ripped out skinny Jesus lit up those hardcore old-school bankers without some sweet Karate do you? Pshaw.
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(04-17-2012, 07:44 AM)Maggot Wrote: The Hypothetical:
You hire a person and they fill out an app. They are working for a week or so and their records come back that at some point in their past they were found guilty of 3 charges of sexual assault against a minor. They did not say this in the beginning because at first they were a temp and did not need to divulge that info. What would you do?
3 charges? They would have to go.
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I have a construction business so I would probally let him stay if he was good, but it would bug the shit out of me and always be in the back of my mind.
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I think if you look a person in the eye and shake their hand you know all you need to know. I like to think anyone who's ever shaken my hand and looked me in the eye would share the same conviction about me. I hope so anyway.
I have charges. Not lewd and lascivious, but serious charges non the less. And I'm safe. Mostly.
Now let's talk about what you have in your pocket.
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