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Recent Background Check questions

I recently had a background check done the information they

I recently had a background check done the information they sent the potential employer was from someone that shares the same first. last. middle initial. and birthday as me. What can I do to correct the situationJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ohioJA: Has anything been filed or reported?Customer: I reported it to the federal trade commission and to local law enforcementJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

117,998 satisfied customers
I understand that in Illinois applications must not have

I understand that in Illinois applications must not have questins regarding convictions or credit checks, is that true. Also, have you come across a good sample Illinois employment application without those type of questions?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

117,998 satisfied customers
I was researching your site. I'm currently on short term

I was researching your site. I'm currently on short term disability/FMLA and am going to accept a position with another company where I won't have to travel. As part of their screening, they will call my current employer to verify employment. Can my current employer tell them I have been on FMLA/STD?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I currently live in Utah but was in Arizona when I was hired. I believe my company US HQ is in New York.JA: Is the employment agreement "at will," union, full time or part time?Customer: at will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: That's it thanks

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LawTalk

Attorney at Law

Juris Doctor

37,806 satisfied customers
I am currently employed at an independent school and

I am currently employed at an independent school and recently have been attempting to find new work. The reason for it is because I have evidence to show that it has been a hostile work environment. At some point, my boss conducted activity directed towards me which was inappropriate. Upon not paying attention in a staff meeting, maybe 1-2 times, he decided to "Google" me (this was something I documented thoroughly but did not go to HR with for fear of it affecting my job and future job prospects), and upon this what I believe to be an unwarranted search to defame my character, and not finding "evidence", he then used the information he discovered about me, which was done during the summer months, and just of professional development activities, and publications in journals (none of those activities being criminal in nature). I don't believe that what he did should have warranted him doing this additional background check on me, which was well past the period of time after the background check, which was over 1.5 years ago, and it was done without my consent. In any case, that, and cases of racial discrimination against me by students, I decided to move on. I also had a grievance with the workload which forced me to take some days off because of overwork and fatigue. Upon providing my notice of leave and resignation, I asked our faculty supervisor if he could serve as my reference. He then said that if contacted, he would give less than glowing reviews of me, regardless of my being a strong teacher academically, that he would bring in absences on the job, and lateness of grades entered, all of which consequences of the overload of the job requirements (I am basically the entirety of the science department, teach all classes, head the department and run an outside department program). He even specifically said that what he had to say "might affect my future job prospects". I wasn't aware of the absences issue, and have yet still have not been informed (the staff as a whole have not been either), of the number of total sick and personal days I am alotted in the year. In September, they said they were still negotiating this. So I have no idea if I have "gone over", or if I am in range. The school does not provide substitute teachers so other teachers are asked to relieve the duties of those who are absent. In any case, I know this is a major HR issue, and without knowledge of days I have left, I am not in breach of having taken more than the allowed number of days. So if that was used against me, that would not be a truthful representation of what is happening at the school. I applied to a job recently, had a really great interview, and then when I asked for the status, was told nothing definitive and that they were screen more people before making a final decision. I am worried that a bad recommendation at this place has caused this decision, because I don't see what went wrong in the interview, everything went great, and I was simply informed last week that they were calling references this week. In any case, I'm not sure what I can do now, I feel like every job I will be applying for from here on what will run into the same issues and I am worried that my future employment will be affected. Thank you in advance for your thoughtful response and consultation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,806 satisfied customers
We had an applicant check "no" on criminal convictions on an

We had an applicant check "no" on criminal convictions on an application in Dallas, and then the background check came back with a significant finding. The applicant was offered a contingent position as a manager in our restaurant, but we feel like there is a liability in bringing them on board given the info on the background check. I want to be sure that we are not violating a Ban the Box issue, and what our burden is for rescinding an offer.

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RobertJDFL

Attorney

Juris Doctorate

15,008 satisfied customers
I was hired by a company and was told they do background

Hi, I was hired by a company and was told they do background checks before you are considered told the truth on my application got hired worked for two months and terminated on the information i provided because the Fbi background came back with same information i provided is this legal, because i asked before i quit my job of fifteen years because i was told i was fine and that i passed the background check.

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Loren

Juris Doctor

44,870 satisfied customers
Wondering how far back is too far for felony counts/attempt

Wondering how far back is too far for felony counts/attempt to obtain a controlled substance by fraud/false statement for a restaurant employee... and maybe some guidance on a best practice. The counts were in 2002.

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Ray

Lawyer

Doctoral Degree

43,904 satisfied customers
I work as a Technical Recruiter for a company in the

I work as a Technical Recruiter for a company in the Seattle, WA area. I get a basic pay and a fixed commission for every candidate placed. Commission structure as communicated by my employer1. Hired consultant must work and complete 3 full months to earn commission.2. Commission not applicable if engagement is less than or equal to 3 months3. Commission qualification date will be 3 month completion date from work start date for hired consultant.4. Applicable commission will be paid out at end of every quarter.5. Commission not applicable for WaferWire H1b W2 consultants.For March, I placed 5 candidates who have already joined their projects. My due commission is $5000.I got a good offer from another Company which I accepted and gave a 1+ weeks notice to my current employer. I also told him that I am willing to wait for 3 months to receive my commission. However, my employer refuses pay me the due commission saying that there can be no payments made after my last date of employment.To me, this sounds completely unethical. In the above commission structure I recd there was no mention that any unpaid commissions will be void if I leave the company.Questions --1. Is my understanding of the scenario correct and do I deserve to be paid my due commission?2. What steps can I take if my employer refuses to pay my dues after all attempts to convince him.I am a Washington state resident and so is my current employer and Company. so, Washington state rules and laws should apply.Thanks a lot in advance.

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Asad Rahman

Attorney

J.D.

4,732 satisfied customers
Wow, that was fast! I hope so. I've recently been offered a

Wow, that was fast! I hope so. I've recently been offered a job contingent on a background check. I received an email from the background company that I have a flagged record on a case that was dismissed. I completed a diversion program and I was under the impression that after completing the program, that legally, it's like the incident never happened. My diversion attorney is on spring break vacation and can't be reached. Is this something that could keep me from getting the job?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WashingtonJA: Is the employment agreement "at will," union, full time or part time?Customer: At will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: The employer is a church.

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RobertJDFL

Attorney

Juris Doctorate

15,008 satisfied customers
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