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Employment Law Free Advice? |
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Cinderella |
How does an arrest on your record affect a job offer?
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I work at Target and referred my friend, who turned in an application and went in for an interview yesterday and got a conditional offer, meaning she's basically hired and starts Wedsnesday as long as she passes the drug test and background check. Thing is, she got arrested for shoplifting last month. She wasn't convicted and it's now getting dismissed. She's also sweet and completely not the type to do something like that. Is that going to affect the offer?
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Mom of 2
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You don't have to tell them if you've been arrested. Only convictions should come up on her background check. Since the case is getting dismissed she should be ok.
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Jessy
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They can not decline her the offer, if she was not found guilty.
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gatorglass
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It is very easy to find out if someone has been arrested. As simple as checking the court filings online. However, most job applications don't ask if you have been arrested. They ask if you have been convicted of a crime. The most important thing is to be honest in answering the questions on the application. Second, a shoplifting arrest may be a cause for concern by a retailer and not hiring the person for that reason would not be illegal, so long as the policy is applied to everyone regardless of their race, national origin, gender, etc.
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sothere!
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I do not believe that arrests appear in a background check, only convictions. So in that regard I do not think it is an issue.
A person arrested for shoplifting is applying for a job at a retailer? That seems a little odd, ha. In any case, let me ask something. Are you absolutely certain she didnt shoplift or is it that she just didnt get convicted. I am only playing devil's advocate here but hear me out.
Obviously the police thought there was enough evidence to arrest her rather than letting her go. Full stop. Now I know that she wasnt convicted but say, purely for argument's sake, that she shoplifts from Target and they have her arrested. Then they find out that she's had a prior arrest for shoplifting. The real kicker is that you referred her to them and you knew about the prior arrest. Your career just took a huge dent at Target.
I guess I am saying that you are putting your reputation on the line a bit when you refer your friend to Target. Just make sure that you are 100% comfortable with that. If the shoplifting arrest was pure nonsense, then so be it though.
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antoinettesmith4
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Its simply called discrimination.
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madhuresh
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It has to be seen whether there is any criminal complaint filed against her. If any criminal report has been filed against her, it can be a matter of concern. If your employer asks whether there was any complaint, tell him the truth.
If there is no written complaint, then it is better to conceal the fact and never let it come. As the days passes by as an employee, tell the truth with facts supporting your statement.
Any criminal complaint may affect your chance of getting a jo. The employer sees that the person whom he is going to hire is a genuine person and is trustworthy and efficient in doing his work on time.
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kapn
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Most likely not.........but working at target with a shop lifting issues is not cool...................
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