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tricia900 · Jun 16, 2008, 01:56 PM

Due to the job market, I went to a temporary to permanent job agency (OfficeTeam, a division of Robert Half). On their application a question asked if I had ever been convicted of a felony or misdeanor. I answered YES since I had a traffic ticket for careless driving fifteen years ago. After waiting a couple of weeks, I was subsequently informed that since I answered YES, I would have to agree to a complete background check and it would take another couple of weeks to do a complete and thorough background check. (Had I answered NO, with the exception of a minor traffic ticket, it would not have required a background check; however, the company will not allow for any changes to the application.

Obiously, I answered it incorrectly; otherwise, nearly everyone, if answering the application with the same degree of forthrightness, would be required to do a background check - which the company does not do).

Although I explained it to the OfficeTeam staff, I was told that since I marked it YES, there was to be no exception to a required check as it was corporate policy. When I inquired if there was a statute of limitations (the offense is over fifteen years ago), I was informed that it was unlimited.

Can anyone provide me answers to the following questions:

Have you EVER been charged with a felony or misdeanor legal? Does the Department of Labor place any statutes on such an open-ended question and does it apply to traffic violations?

twinkiedooter · Jun 16, 2008, 02:06 PM

Traffic violations are misdemeanors. If your traffic ticket happened 15 years ago, you did not have to put this down as it was so long ago and I have seen attorneys list something like the 15 years being "ancient history" on presentence investigation reports.

I have had problems with Office Team also a few years ago. Don't want to go into it here, but suffice it to say that company has the mentality of "there are always more applicants out there" to fill their jobs so they don't really care if you are qualified or not and made a simple error. They don't care period.

Usually job applications ask if you have been convicted of a felony within the last 7 years or they ask if you have been convicted of a theft type crime even if it is a misdemeanor. I think OT needs to "redo" their questionnaire section in the application they make you fill out.

tricia900 · Jun 16, 2008, 02:45 PM

Originally Posted by tricia900

Due to the job market, I went to a temporary to permanent job agency (OfficeTeam, a division of Robert Half). On their application a question asked if I had ever been convicted of a felony or misdeanor. I answered YES since I had a traffic ticket for careless driving fifteen years ago. After waiting a couple of weeks, I was subsequently informed that since I answered YES, I would have to agree to a complete background check and it would take another couple of weeks to do a complete and thorough background check. (Had I answered NO, with the exception of a minor traffic ticket, it would not have required a background check; however, the company will not allow for any changes to the application.

Obiously, I answered it incorrectly; otherwise, nearly everyone, if answering the application with the same degree of forthrightness, would be required to do a background check - which the company does not do).

Although I explained it to the OfficeTeam staff, I was told that since I marked it YES, there was to be no exception to a required check as it was corporate policy. When I inquired if there was a statute of limitations (the offense is over fifteen years ago), I was informed that it was unlimited.

Can anyone provide me answers to the following questions:

Have you EVER been charged with a felony or misdeanor legal? Does the Department of Labor place any statutes on such an open-ended question and does it apply to traffic violations?

Thank you for your feedback. Yes, I was surprised by the scope of the question and I am trying to determine if OfficeTeam, legally, can be so broad in their scope as far as the question asking "EVER".

You might appreciate the following comments from their regional HR person: "I have my Master's Degree in HR and OfficeTeam is a Fortune 500 company and they would not have the question on the application if it were not legal."

Maybe so, but, it begs the question if traffic violations are misdeanors, how is it that OfficeTeam is NOT DOING BACKGROUND CHECKS ON NEARLY EVERY ONE OF THEIR CANDIDATES UNLESS MOST PEOPLE DO NOT UNDERSTAND THE QUESTION OR ARE MISREPRESENTING THEMSELVES - I have to tell you, I do not feel in this case that "honesty" was the best policy (and I am a very, very forthright person).

Fr_Chuck · Jun 16, 2008, 02:56 PM

Actually it depends on your state, traffic tickets do not show up on your criminal history, it only shows up on your DMV ( driving) record

And on a employment application, they are not asking for traffic tickets when they ask for misdemeanors and felonies, they are talking about criminal things.

So if anyone asks you if you have ever been convicted of them, your answer is NO. If you are asked about your driving record you list it.

All criminal items on a Criminal history show up forever, most driver license checks only go back 7 to 10 years.

The reason they are not doing checks on everyone is that most people know this question is not talking about traffic items.

Please understand traffic tickets are not part of a criminal history, You totally misunderstood what they were wanting.

tricia900 · Jun 16, 2008, 03:07 PM

Originally Posted by tricia900

Due to the job market, I went to a temporary to permanent job agency (OfficeTeam, a division of Robert Half). On their application a question asked if I had ever been convicted of a felony or misdeanor. I answered YES since I had a traffic ticket for careless driving fifteen years ago. After waiting a couple of weeks, I was subsequently informed that since I answered YES, I would have to agree to a complete background check and it would take another couple of weeks to do a complete and thorough background check. (Had I answered NO, with the exception of a minor traffic ticket, it would not have required a background check; however, the company will not allow for any changes to the application.

Obiously, I answered it incorrectly; otherwise, nearly everyone, if answering the application with the same degree of forthrightness, would be required to do a background check - which the company does not do).

Although I explained it to the OfficeTeam staff, I was told that since I marked it YES, there was to be no exception to a required check as it was corporate policy. When I inquired if there was a statute of limitations (the offense is over fifteen years ago), I was informed that it was unlimited.

Can anyone provide me answers to the following questions:

Have you EVER been charged with a felony or misdeanor legal? Does the Department of Labor place any statutes on such an open-ended question and does it apply to traffic violations?

Your reply was very thorough and I appreciate the information. Given that I misunderstood the question to pertain to traffic violations, does it make sense that I cannot correct the application?

Given your explanation, once the company understood I was referring to a traffic charge, do you see any approach to the company that would negate the need for me to now complete an eight page background report? Thanks.

twinkiedooter · Jun 16, 2008, 03:45 PM

Oh I got your point first off, but like I said OT is basically run by jerks. Best you didn't work for them after all as I could relay a few "bad" experiences from some of my former coworkers about them but I won't here. Consider it a lesson well learned and move on.

Fr_Chuck · Jun 16, 2008, 04:18 PM

No it does not make sense, that they will not let you change it, but at this point, I will assume they think there is something else there and now you want to hide it. But have them run a report, why several weeks, I can run one on my priests in about 15 minutes from my computer using a paid company, or in a couple of hours by going down to the police station.
Will they not allow you to go down and get one ran yourself, for example the job I applied for last week, I signed a waiver for them to run one on me, and while I sat waiting to see the hiring board, they ran a report and had it ready for them to see when I went in to see the board.

tricia900 · Jun 16, 2008, 06:41 PM

Originally Posted by tricia900

Due to the job market, I went to a temporary to permanent job agency (OfficeTeam, a division of Robert Half). On their application a question asked if I had ever been convicted of a felony or misdeanor. I answered YES since I had a traffic ticket for careless driving fifteen years ago. After waiting a couple of weeks, I was subsequently informed that since I answered YES, I would have to agree to a complete background check and it would take another couple of weeks to do a complete and thorough background check. (Had I answered NO, with the exception of a minor traffic ticket, it would not have required a background check; however, the company will not allow for any changes to the application.

Obiously, I answered it incorrectly; otherwise, nearly everyone, if answering the application with the same degree of forthrightness, would be required to do a background check - which the company does not do).

Although I explained it to the OfficeTeam staff, I was told that since I marked it YES, there was to be no exception to a required check as it was corporate policy. When I inquired if there was a statute of limitations (the offense is over fifteen years ago), I was informed that it was unlimited.

Can anyone provide me answers to the following questions:

Have you EVER been charged with a felony or misdeanor legal? Does the Department of Labor place any statutes on such an open-ended question and does it apply to traffic violations?

Chuck,
Thanks again for your words and your ideas - I think your comment that they may think there is something else has merit - so I just completed their requested paperwork which OfficeTeam will then submit for the background check.

Is there a particular website you would recommend I use to perform a background check on me? I am willing to invest the money to simply have the report I could take with me for potential employment positions. I really appreciate your advice - it is very grounded. Tricia

Fr_Chuck · Jun 16, 2008, 06:46 PM

They will have their own system and knowing them, if it is not what they use or do, it will not help with them most liekly.

But my recommendation, not to use a online service, but call your police station and find out which one in the area county, state, local, does the background check, for example in the atllanta metro area there are about 10 places you can get one done by the police, that is the official one, all others are good but only the one from the police is the official one