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HOLIDAYLITA · Aug 13, 2011, 11:49 AM

Been worknig for a company in a nursing home. Decided to apply in another department, had to do another background check.recently got charged with a crime that still in process, so would I be lying if I make no when they ask do I have any convictions.

tickle · Aug 13, 2011, 11:55 AM

Yes, you would be lying if you said no to no convictions. Especially if this is for a position in a nursing home.

Tick

twinkiedooter · Aug 13, 2011, 11:59 AM

Originally Posted by HOLIDAYLITA

BEEN WORKNIG FOR A COMPANY IN A NURSING HOME. DECIDED TO APPLY IN ANOTHER DEPARTMENT, HAD TO DO ANOTHER BACKGROUND CHECK.RECENTLY GOT CHARGED WITH A CRIME THAT STILL IN PROCESS, SO WOULD I BE LYING IF I MAKE NO WHEN THEY ASK DO I HAVE ANY CONVICTIONS

You were charged with a crime, NOT convicted yet. So no, you would not be lying. Once you are convicted you will be fired so expect the worst in this scenerio should you be convicted.

twinkiedooter · Aug 13, 2011, 11:59 AM

Originally Posted by tickle

Yes, you would be lying if you said no to no convictions. Especially if this is for a position in a nursing home.

tick

Arrested is one thing, convicted is another. You are wrong tickle on this.

rlrl2010 · Aug 13, 2011, 12:22 PM

You have to be careful.I don't how other states operate but in NY a pending prosecution would show up on a background check, whether on a fingerprint check or from an office of court administration check

HOLIDAYLITA · Aug 13, 2011, 12:24 PM

Will i was told i lie and was sent home can't not return until it is cleard that can be a while.. is that for them to do that??

rlrl2010 · Aug 13, 2011, 12:28 PM

They can do this. They want to know the outcome of the case. If you were acquitted at trial or the charge was dismissed, then they would have way less of a case not to hire you, but until that happens they have the right to know the outcome

joypulv · Aug 13, 2011, 12:46 PM

Your rights under the US Constitution include the right to a speedy trial. You call up your lawyer and say you were sent home (without pay, I presume?) and want that speedy trial, which isn't defined and isn't easy to get. But yes, pending the outcome of the case they can refuse to let you work.

tickle · Aug 13, 2011, 12:51 PM

All healthcare workers in Ontario have to have yearly criminal checks. I hope it is the same where you are so that nursing homes have competent people to care for the elderly.

Yes, they can send you home pending the outcome of the trial; until they can see a clean record on the background check. Do you blame them for wanting to be careful?

Tick

tickle · Aug 13, 2011, 12:51 PM

Originally Posted by HOLIDAYLITA

WILL I WAS TOLD I LIE AND WAS SENT HOME can't NOT RETURN UNTIL IT IS CLEARD THAT CAN BE A WHILE..IS THAT FOR THEM TO DO THAT?????

Please don't type in caps. It is not necessary to get your point across.

twinkiedooter · Aug 13, 2011, 04:21 PM

Tickle - I think this person is NOT in Canada but the USA. Different laws prevail here.

tickle · Aug 13, 2011, 06:21 PM

Originally Posted by twinkiedooter

Tickle - I think this person is NOT in Canada but the USA. Different laws prevail here.

Twink, I didn't think for one minute the OP was in Canada. I am in healthcare, I was only giving a for instance. Yes I know different laws prevail, isn't it a shame, but however way you think about it, it is still caring for the elderly.

joypulv · Aug 14, 2011, 03:11 AM

We may all be missing the point here. It seems that the OP was accused of lying for checking the box on the form saying 'no convictions' when in truth he or she has no convictions. The employer may or may not have said it was a lie (there seems to be a problem with English here, or at least with writing English) but in any event, does have to right to say the employee can't come back until the case is dropped or resolved with a not guilty verdict.

excon · Aug 14, 2011, 06:02 AM

Originally Posted by joypulv

but in any event, does have to right to say the employee can't come back until the case is dropped or resolved with a not guilty verdict.

Hello:

I say NO. Certainly, if she lives in an "at will" state, they can fire her for ANY reason - EXCEPT when they've violated their own policy - and in this instance, I believe they HAVE.

To the OP: I would write a certified letter to the HR department, explaining the distinction between an arrest and a conviction... Demand yot job back, or tell them you'll SUE. Send your letter return receipt requested.

excon