Employee Interview
ScorpioHR
338 Posts
I have not posted in a while, but, maybe some of you will remember me! While I was on vacation in Europe an applicant was interviewed by two of my co-workers. Apparently, this applicant volunteered the information that she had a larceny conviction in her work history (14 years previously) she also said which state this occured in. She told this to one of the people who interviewed her, but, not the other person. This applicant was offered the position. Upon my return this past week I have been hit with this situation.
What would you do to handle this?
Thanks for the feed back.
scorpio
p.s. A policy has been drafted regarding exactly WHO is allowed to extend a job offer, too late for this one though!
What would you do to handle this?
Thanks for the feed back.
scorpio
p.s. A policy has been drafted regarding exactly WHO is allowed to extend a job offer, too late for this one though!
Comments
It was 14 years ago, which is quite a bit of time - perhaps this person learned his/her lesson and has moved on to become a productive member of society.
Is the job such that you would have concerns regarding someone with this criminal history? Consider personally interviewing this individual before withdrawing the offer, but let them know you are considering it. With a 14 year old conviction, it is extremely likely that this person has had more than one job in the meantime. Call previous employers and ask them if they were aware of the conviction and did they have any problems?
I believe in giving people 2nd chances. If we do not, are we just telling this person that there are no jobs out there and either go on welfare, live in the streets, or renew your life of crime?
There is a reason ERs shy away from hiring people with a criminal record. The recidivism rate is way up there - I think in the 90 percentiles.
I know the people that rip you off the worst are the people you trust. And I don't at all recommend anyone with a record whom you do not deeply interview - an in-depth character assessment is in order, more so than for potential EEs that do not carry this baggage.
I do think there are folks out there that can reform, see the light, etc. I also believe it takes a lightning strike of some sort for people to change. This kind of lightning comes in all kinds of disguises. A criminal conviction is one such potential disguise.
I wonder at the percentage of "first time" criminals that we all hire. Obviously way lower than the recidivism rate of those with a record. We make the best decisions we can with the information we have, but in cases like these, the person making the decision to hire, in spite of the baggage, is taking a chance. If I were going to be accountable for taking the chance, I would not do it without looking the person in the eye, assessing what I see in there, and also listening to my "gut feel."
If I decided to go ahead, I would keep a very close eye on this person.
OK, so that the record is clear - I am very cynical. And while I am somehow also optimistic and full of hope in general terms, I often have a very low opinion of people. Perhaps that helps explain why I am so mixed up most of the time!
In any event, that feeling you are relying on is one that cuts both ways. I am with you - if I feel I cannot trust a person - then I pass.
I am confident that the gut feeling I am talking about does not manifest for any of the "protected" title VII folks.
Just because I am paranoid does not mean they are not out to get me!/:)
That having been said, it would be helpful to know precisely what the position is for which the applicant is being considered - is it a position for which you would not hire someone with a record? And it was 14 years ago, do you take that into account?
Fortunately, as a private employer we are not held to the same standard as public employers and can consider those with felony convictions. Some of the best workers we have are work-release people (not to mention the tax breaks that come with hiring them).
As things have played out, I decided to re-hire an ex ee for the position that was offered to this person with the larceny conviction. While I can certainly appreciate that people change, it felt too much to my "gut" like some type of ploy.
Thanks for the input.
scorpio
I confess to confusion.
In general, if the applicant had not volunteered the information, most criminal background checks only go back 7 years - not 14, so you would not have known that information if she hadn't volunteered it, and being up front about it is a point in her favor. How many have hired, and possibly fired, someone when you found out after they were hired they "forgot" to list convictions on their applications?
Also, one of the guidelines we use is where is she working? If she was convicted of welfare fraud and was hired for A/P or audit - that's a problem. If she was convicted of welfare fraud and was hired as an admin asst or call center employee - less liability. Weigh the conviction against the position.
I never will forget the candidate who told me last year that the 'non-adjudicated conviction' he discussed with me was for placing a bomb threat with his previous employer when he became disgruntled. He probably hasn't done it since and won't ever again. But, he won't get a chance to do it HERE.