View Full Version : Failed Background Check via Manpower
02-21-2012, 03:26 PM
On Friday I applied for a temporary job through Manpower, inc. to work for a large bank during tax season. The job was for a "Data Capture Operator", aka Data Entry. Although I was "hired" on the spot at the interview/performance test, this afternoon I received a call from Manpower, Inc. stating that I failed the background check and could not be considered for the position. Although my charge involves stealing (burglary) I do not have a record of finance crime, fraud, etc. My case hase no relationship with any of the job functions I would perform there. Additionally, I was offered this job after a typing proficiency test.
A Manpower representative informed me that they do not see the results background checks themselves, but a simple "pass" or "fail" (I asked them why failed). How does this work? If my conviction has nothing to do with the job I'm looking for, can I be screened out because of it?
I was released January 31st of this year. My first priority is to find work, and I'm personable, presentable, and fairly qualified. This is the second data entry job for which I've been turned down, and I am sure that it's because of my crime. I know that it's not going to be easy, but what should I do?
02-21-2012, 11:16 PM
New York is one of the states that entitles you to an explanation as to why/how the conviction relates to the job. I hate to be cynical, but employment discrimination is almost impossible to prove. They will always make up something; and say that some other person is "more qualified." Also, depending on the data that you would be entering, they could just say something like, "Your conviction was a crime of distrust, and since we handle sensitive information, we are unable to consider you for the position."
I am in your situation, although my charge was agg. assault. I plan to move to Massachusetts - or one of the other 20 or so "ban the box" cities/states - after my probation is up here. Massachusetts, by far, appears to be the best place for us.
The New York State Human Rights Law states that an applicant may not be denied employment or licensure because of his or her conviction record unless there is a direct relationship between the offense and the job or license sought, or unless hiring or licensure would create an unreasonable risk to property or to public or individual safety.21 This law applies to employers with ten or more employees.22 A person with a criminal record who is denied employment is entitled to a statement of the reasons for such denial.23 Factors to consider in analyzing whether employment may be denied are found in N.Y. Corrections Law, Article 23-A.24 In addition, an employer may not inquire about nor act upon an arrest that was terminated or determined in favor of the individual.25
Upon request and within thirty days, the applicant must be given a written statement of the reasons why employment was denied. The provisions of this law do not apply to the licensing activities of governing bodies in relation to the regulation of firearms, or an application for employment as a police officer or peace officer.
02-21-2012, 11:44 PM
Mass. is right across the border from me and it wouldn't be much of a hardship to move there or another state with somewhat different laws. Unfortunately I have five years of post-release supervision so it'll be a while.
02-22-2012, 12:51 PM
And it gets even better: Effective May 4, 2012 there will be a "liability shield" for companies that exclusively use CORI, the state-owned background check system. My guess is that it will lead to more companies relying exclusively on CORI causing some items from other states to be missed.
Here's a quick summary:
02-25-2012, 08:01 PM
I know what you mean. I applied for a job many years ago that amounted to simple data entry during a graveyard shift. I was interview three different times and during the final interview I was told I got the job and to start work the following Monday. The very next day (a Friday) they called me and told me I came back dirty on their background check so they went with another applicant.
More recently, when I was first released from prison 12 years ago, I applied for a job as an HVAC technician and was tentatively hired pending a background check. This time I was honest and told them I just got out of prison and was on parole, etc ... I figured since they knew that the background check was a formality. Wrong! I got a call that there was way more in the background check than I told them about (and there was) so they didn't hire me.
None of my crimes ever concerned the type of work I would have been doing, but criminal activity in general did. The way I figure it is that it is not the specifics of the crime, but the unethical mentality of doing anything illegal that makes employers skiddish.
I found that to successfully secure a job required being able to speak to the person who had the ultimate say-so on who gets hired and who does not. With this person you need to sell yourself and be completely open about your background. Some will make an exception, some will not. The one's that do will hire you and you'll never have to worry about losing your job because of something that will be revealed later on.
The company I work for sends me on assignment to other companies that are very security conscious. It always amazes me because these secure companies always just assume I have a clear background with the company I work for. I would think that temp assignments would be the same way, that the business you apply for would take it for granted that Manpower had already done the necessary background check ... otherwise Manpower shouldn't send you on that assignment to begin with.
As for Manpower itself, only dealings I ever had with them was day labor work where background was never an issue.
02-25-2012, 09:20 PM
Massachusetts Cori reform won't help with an out of state record if they run one.