Reply to Does my employer need to talk to a lawyer about this?

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[quote=Anonymous][quote=Anonymous]Thanks PPs.  This is just a crappy situation.  Now HR is saying that they need to check with our parent company to see if they have a company policy on the matter, which could take a couple days.  Meanwhile the applicant has already given notice and is moving here. [b] I have no idea WHY the applicant would accept the position and give notice so quickly knowing this was on their record and knowing his official acceptance was contingent on the background check. [/b] He should have told me this might show up, and I would have made him push the start date out until after the check was done and I checked into it.  I actually pushed him to make his start date later but he wanted to start sooner, so of course I assumed that they were confident the background check would not be an issue.  I guess he didn't think it would show up.  I would like to hire the person but now I'm forced into this waiting game.  frustrating.[/quote]

I guess I'm sensitive to this because something similar happened to DH for a charge at 19 y.o. On his first orientation day at the new job, HR guy pulls him out of the meeting and sends him packing. They waited until the last minute to do the background check.

I know my previous employer delayed the checks all the time - I filled out the forms for the background check after I started.

Employers clearly have different levels of background checks, because most I've known of look only at convictions not at arrests. In your case, OP, this guy was not convicted, so in his head, he did not have a criminal record. Why are you surprised he took the offer and gave notice - what should he have done instead? I bet the offer was made with a specific start date, and the guy had to give his employer notice.

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