Babies: 3 - 6 Months

Any HR people out there?

Can you refuse someone employement because of their record?

My brother applied for a job and they offered it to him however after the background check they called and said they weren't sure because he has had an OWI (it isn't a felony). He wouldn't have to drive at all for the job. I'm so upset because right now he works for our Dad and he is just cruel to him. I really really wanted him to get a different job. I'm so sad!!

Re: Any HR people out there?

  • Depends on the company, but yes, they can if you don't pass the background check.  I used to work in HR at Target and people got denied all the time because of this reason.

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  • Boo.... that is what I was afraid of! It sucks too because he was supposed to start on Monday and the paper he wrote his background check stuff on said "employment won't be denied based on criminal record" WTF!
  • Yes, and I know what you are going through. My brother has a DUI on his record and has been denied several jobs for that reason.

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  • Did he lie on the app?
  • I have a DUI too.  I have been denied for that reason; even though I put it on my job application and would not be driving.

  • imagebananasmomma:
    Did he lie on the app?

    No he has no felonies. But then they did a background check after they hired him that included all arrested and he disclosed it there.

  • I work in HR and yes, they can choose not to hire you because of something in your criminal background.I worked for a company in the past that wouldn't hire anyone with a misdemeanor on their record-they were really strict about background checks.

    Think about it-if companies couldn't make hiring decisions based on their criminal background, why would they spend all the money to do background checks?

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  • imagevmm0016:

    I have a DUI too.  I have been denied for that reason; even though I put it on my job application and would not be driving.

    I totally understand that it is dangerous but Christ Man, he paid his dues and did his time. Does it have to follow him forever? It was over 5 years ago. He was 19 years old. (he also received an underage drinking ticket) He went to jail- it is not like he didn't take care of it and pay his dues. It really sucks!!

  • Yes, and it sucks for me, too. My husband has a couple of arrests on his record from a million years ago and he's been denied jobs because of it.
  • Sorry but what is OWI? Babay brain and cannot figure it out...
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  • imageKC_13:

    Think about it-if companies couldn't make hiring decisions based on their criminal background, why would they spend all the money to do background checks?

    I know you are right but it just doesn't seem that fair. I feel really badly for him. He was just a kid when it happened.

  • imagemrsmyers8:
    Sorry but what is OWI? Babay brain and cannot figure it out...

    Operating under the influence. basically drunk driving.

    ETA: actually its Operating while intoxicated. Sorry duh.

  • THANKS ladies,,,,  I had no idea.  I know if cali you can get a DUI and be under the influence of drugs and alcohol.  Thanks for educating me.. 
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  • Yeah in Wisconsin they call it an OWI. Operating while intoxicated.

  • imageitkatydid@gmail.com:
    imageKC_13:

    Think about it-if companies couldn't make hiring decisions based on their criminal background, why would they spend all the money to do background checks?

    I know you are right but it just doesn't seem that fair. I feel really badly for him. He was just a kid when it happened.

    That sucks! I know the company I work for (sort of, randomly from home now) does background checks, but calls and gives the applicant a chance to explain the circumstances. Hopefully your brother will find a place that will give him the benefit of the doubt, and have flexibility about their policies in the future.

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