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Thread: HR Questions You Can't Ask (And How to Get Around That)

  1. #11
    Mr. Tax Man
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    Quote Originally Posted by billbenson View Post
    One of the questions was "have you ever been arrested". That's on every job application I have ever filled out.
    That question shouldn't be worded that way. Perhaps it was worded, "have you ever been convicted of a felony?"

    Being arrested for DUI in college would obviously not be the highlight of anyones career. But DUI is a misdemeanor, assuming you're convicted. Even then, a DUI could be relevant for certain jobs that involve driving.
    Small Business CPA
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  2. #12

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    This is from a sample job application for online.

    HAVE YOU EVER BEEN CONVICTED OF A CRIME? __ No __ Yes
    If yes, explain number of conviction(s), nature of offense(s) leading to conviction(s), how recently such offense(s) was/were
    committed, sentence(s) imposed, and type(s) of rehabilitation. __________________________________________________
    Last edited by billbenson; 08-26-2008 at 07:03 PM.

  3. #13
    Mr. Tax Man
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    Convicted is the keyword. But samples aren't necessarily legally compliant either.
    Small Business CPA
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  4. #14

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    No, but probably heavily used. Stuff happens in life. If you had been arrested for something trivial, would you put that on a job application? In your occupation you may be more heavily scrutinized, but I doubt most companies check when hiring. Actually checking after the fact, if you think you have a bad employee is a good method of firing someone.

  5. #15
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    Checking for a criminal record is very easy to do and the vast majority of medium and large companies will do it as a matter of routine. It costs about $30 to have it checked and can be done very easily online. So, if you have something on your record you should list it if asked. Otherwise, you won't be hired simply for falsifying the application. It cannot be legally used against an applicant unless it is relevant to the position (i.e. child molestation for a school janitor).

    It is not advisable to ask an applicant if they have been arrested. Arrested does not mean you were guilty and a disproportionate percentage of minorities have been arrested so it would potentially be evidence of racial discrimination if that were asked.

    If you have a bad employee and THEN decide to check their background it doesn't help you at all. Your decision to terminate needs to be based on the poor performance.
    Steve B

  6. #16

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    Are you sure lying on a job application isn't grounds for dismissal? It certainly was years ago in california.

  7. #17
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    Quote Originally Posted by billbenson View Post
    Are you sure lying on a job application isn't grounds for dismissal?
    It is grounds to be fired.
    Small Business CPA
    "A tax loophole is something that benefits the other guy. If it benefits you, it's tax reform."

  8. #18

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    That's what I thought and its an effective way of getting rid of a bad employee.

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