Convicted felon wants a job

T · September 2004

I had an interview with a woman who answered "yes" to "have you ever been convicted of a felony?" How do I research more information on this? She was wonderful on her interview, and seems to be a "good" candidate for the position. (mail room clerk - filing mail).

I have a few questions? If I hire her and something comes up missing or she steals mail, will my insurance still cover the cost, even though she is a convicted felon?

I checked her previous job, which was after her jail time, and she was highly recommended for this position.

Where can I get more information on her?

Thanks.
T

Don D · September 2004

You can ask her. Here are the questions.

(1) I notice that you indicate a felony conviction on your application. Tell me about that.

(2) The specific felony was what?

(3) The disposition of your case was what?

Then decide how, if at all, any of that might have any impact on the job of mail clerk, which I would doubt. Who wants to steal company mail?

Your company insurance would apply in this case as it would in any other.

I would be more concerned with why she left her prior job and what skills she brings to the mailroom.

T · September 2004

Thanks for your reply. The mail she would be dealing with is United States Postal Service mail. We are a mail forwarding service. Her prior job was in another town.

We get members mail and we file it in files. The mail may include reordered checks, government checks, personal checks - all kinds of mail, the same you and I get in our mail box.

Thanks.
-T

TN HR · September 2004

I'm typing this after my original post.

You have to ask further, in my opinion. There's way too much exposure if, say, she was convicted of bank fraud and identity theft. Now, if she found an arrowhead while visiting a national park and got caught by the park rangers on a random vehicle search, that may be a different story. Hopefully you get the picture on why you have to dig deeper.

Gene

T · September 2004

Where do I dig deeper at? I feel she will try to "sugar coat" it if I ask her.

I know the charge was fraud, and she said something about being the driver of the vehicle and the one getting "pinned" for the crime because she was the owner and driver of the vehicle. Anyway, do you know if there are some type of legal records I can research?

Thanks
-T

TN HR · September 2004

It is always best to use a 3rd party for this, however, if you know the location you can search the court records yourself, they are a matter of public record.

I would start at the county seat for the place she worked at.

Gene

Whirlwind · September 2004

If you don't already have a mechanism in place to do criminal background checks on applicants and don't want to do so for just this situation, you can put that burden on her. She can go to the local law enforcement entity where her arrest occurred (city PD or county SO) and get a copy of her record. Or, in Texas, she can go to DPS, be finger printed and, for 15 bucks, get a copy of her "transcript." A motivated, responsible applicant won't object to doing this.

TN HR · September 2004

Does your company have a policy on conducting background checks? If so, this would be the first place to start.

The EEOC is very clear in its guidance on what is permissable and what is not. Generally, you may ask about convictions only versus arrests. An affirmative answer to the felony conviction would warrant further probing as long as there is job relatedness.

In my opinion, you can certainly probe further in this situation. I am assuming that a mail clerk in your organization could potentially handle negotiable instruments coming to/from AP or AR, for example. She could also have access to IRS dosuments which may, for example, contain identity information. These are just examples off the top of my head.

I would inquire further and know that the line gets drawn when information is revealed that points to the conviction not being job related.

The Forumites will follow with more guidance.

Gene

szemcumo · September 2004

We do back ground checks that go back 7 years in criminal history but we ONLY do those after an offer has been made. So don't think this will help you.

Don D · September 2004

And do keep in mind that the EEOC does not set law or make policy, ever. They offer 'guidance', 'opinion' and often 'Bluster' and 'intimidation'. This is not to say you should not listen to and consider their opinions, just that you consider them in their proper context. Anybody can monday-morning-quarterback any hiring decision, even one which considered the criminal history of a candidate.

Even if the EEOC were to conclude that they think there is probably no relationship between the crime and the open job, the only thing they could do is give their opinion letter stating a right to sue; and, where would you find a lawyer to take that or a court that would not throw that out?

Then there's the camp that will say, 'Well, if you set a pattern of not hiring felons and they all happen to be black or Latino or female or over 40, you will have a situation of disparate impact'. True, but highly unlikely unless you live next to the prison.

TN HR · September 2004

Don't forget that they can also sue on behalf and suddenly form a new relationship with you, as in Plaintiff and Defendant.

lhill · September 2004

As another HR in Texas, I use Texas Dept. of Public Safety website which lists convictions.
You can go to their website, [url]www.txdps.state.tx.us[/url] and register. Then you buy credits. Sex offender information is free.

Don D · September 2004

Get real! Not this one in a million years.

Convicted felon wants a job

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