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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

15,348 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

15,348 satisfied customers
I have pending charges and I have not even been arraigned

Hi, I have pending charges and I have not even been arraigned yet. But I'm having trouble finding a job because of it. I live in California and as of now two employers have turned me down siting that the charges were the issue. One job is Uber driver and the other is an accounting position with a law firm. Is this legal?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: I wasn't hired...JA: Anything else you want the lawyer to know before I connect you?Customer: No

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RobertJDFL

Attorney

Juris Doctorate

15,348 satisfied customers
I was accused of not administering narcotic medications to a

I was accused of not administering narcotic medications to a patient and have been turned into the board. What do I do? I just received a letter from the board todayJA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?Customer: LouisianaJA: Anything else you want the lawyer to know before I connect you?Customer: I was called in for a drug screen and arrived at the facility within 30 mins. Was told everything would be fine as long as the drug screen came back negative. A few days later, I was told my services were no longer required and asked to resign and my screen came back negative

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John

Attorney

Doctoral Degree

9,674 satisfied customers
I was just terminated from my nursing job. A reason was not

I was just terminated from my nursing job. A reason was not told to me. The day prior I was told some narcotics were not wasted correctly and was found in a patient room. I gave a drug and blood test and was told I would be off until the test results returned. Today I was told I was fired. How will this effect my nursing licenseJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: I am a travel nurse. A contract employeeJA: Anything else you want the lawyer to know before I connect you?Customer: Not at the moment

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John

Attorney

Doctoral Degree

9,674 satisfied customers
My company has recently launched a diversity initiative. One

My company has recently launched a diversity initiative. One of the policies states:"In hiring decisions, we prioritize hiring a person(s) of color. We would love for the racial demographics of our team to accurately reflect the racial demographics of the greater metropolitan area."Although I agree with the sentiment of these goals, does this type of hiring practice fall within legal lines? I am concerned these well-intentioned policies may backfire.

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John

Attorney

Doctoral Degree

9,674 satisfied customers
At job orientation I failed the CNA drug test. Will I loose

At job orientation I failed the CNA drug test. Will I loose my CNA certification?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: full time employment at orientation todayJA: Anything else you want the lawyer to know before I connect you?Customer: Will this be a question or how much will this cost?JA: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Employment Lawyer's time your question is expected to take (how complex and lengthy an answer you require).Customer: The question is: My son went to his first day of orientation as an CNA in California. He was asked to do a drug test and he failed. Is this reportable and will he loose his certification

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John

Attorney

Doctoral Degree

9,674 satisfied customers
I am about to get fired and need some guidance as to what to

Hi, I am about to get fired and need some guidance as to what to expect. I am in GA and started at this company as a contractor but was kind of pressured into converting to full time offer soon offer. Anyway, almost a year later, things are not going well and I see the writing on the wall. BTW, I am a female, over 40, though I don't want to go there, I do believe there is ample proof they actively discriminate here. Anyway, I do not want to have it on my "record" that I have been fired, as I do believe HR can tell future employers this info. I am looking for work but don;t want to make the same mistake I did with this company, rushing into something that did not feel right. My questions are: 1. I have a resignation letter at the ready and I am wanting to put language in their suggesting a meeting of the minds, I go away, stay available for potential info they will probably need for a month, and I get two months severance and a letter of reference - a neutral letter making clear I did a satisfactory job, etc. and a promise anyone calling will not get a bad vibe from HR or them. Does this seem feasible? I have been shut out for awhile, a new lead took over in June and he has made it impossible to continue there, but I have yet to receive a single negative comment or review, but neither positive. I feel they are pushing me out because they have gotten what they need out of me (I have provided detailed design style guides, etc, and I suspect they think that is all they need from my role). Also, the CIO, my boss, just sent out an email to everyone saying if they ever missed another meeting again, they would be fined $500. Is that even legal? Thanks so much! LauriieJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GAJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, and I started contract but went full time. I;d also like to say I was contract there only, but don't know if HR can specify that if called.JA: Anything else you want the lawyer to know before I connect you?Customer: Just that I have never had any run ins, negative feedback, etc, but have been frozen out of vital meetings, email chains and conversations from the get go.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: What should I do next?

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ScottyMacEsq

Doctoral Degree

24,384 satisfied customers
I work for a private corporation, assigned to a government

I work for a private corporation, assigned to a government facility. I have a chain of command which consist of a Program Manager, to whom my company is the sub-contractor with, and a a site lead, whom happens to be a rep from my company. Any internal issues regarding my job performance gets reported to the site lead, whom interacts with the PM. I outline that to say this, last week I received a call from my company's HR stating that a government POC called to say he/she (I wasnt told who it was) is sensitive to my perfume or something to that nature. It was a very uncomfortable conversation to have with my HR, considering my perfume, in my opinion, is very mild because I am asthmatic and certain scents triggers my asthma, so i only wear Dolce Gabbana lady type body oil, which again, is a very pleasant, mild fragrance. I was taken aback because no one said anything to me, nor has anyone every approached me. I had compliments regarding my fragrance, but never a complaint, so now, I am being told not to wear it or to tone it down. I do not know who made the complaint, so how will I know what is acceptable? Also, knowing that I have a chain of command to resolve internal issues, my chain of command was unaware of what had occurred. I had to bring it to their attention that a phone call from a government personnel was made to my company, which is against protocol. I believe had this individual approached me and talked to me, the issue could have been remedied, because I would be sensitive to this individuals concerns, but now someone has gone behind my back and reported me for something I was unaware of, I feel violated because I did not know I was doing something wrong, so now I am paranoid at work. What rights do I have? .

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Marsha411JD

Doctoral Degree

19,806 satisfied customers
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