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OfflineMicrocosmatrix
Spiral staircasetechnician
Male

Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
Last seen: 14 years, 11 months
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5857462 - 07/14/06 11:31 AM (15 years, 4 months ago)

Crown Royal bags, of course :wink:

My record is so bad I couldn't get a job delivering Pizza. Thank goodness I own my own company.


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:orly:



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OfflineRedstorm
Prince of Bugs
Male

Folding@home Statistics
Registered: 10/08/02
Posts: 44,174
Last seen: 5 years, 3 months
Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5857581 - 07/14/06 12:39 PM (15 years, 4 months ago)

Try to get your record expunged.

Also, Zappa is correct. Every time someone breaks the law, they accept whatever consequences might come with what you are doing. It is not a matter of whether the law is right or wrong; it is a matter of weighing the harms and benefits one receives when breaking the law. We are all adults here and we have to reap the rewards (and punishments) for every action we take part in.


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InvisibleHank, FTW
Looking for the Answer

Registered: 05/04/06
Posts: 3,912
Re: Law Question/Background Check Limitations [Re: Redstorm]
    #5857592 - 07/14/06 12:43 PM (15 years, 4 months ago)

I keep mine in a basketball, so nobody can find them.


--------------------
Capliberty:

"I'll blow the hinges off your freakin doors with my trips, level 5 been there, I personally like x, bud, acid and shroom oj, altogether, do that combination, and you'll meet some morbid figures, lol
Hell yeah I push the limits and hell yeah thats fucking cool, dope, bad ass and all that, I'm not changing shit, I'm cutting to to the chase and giving u shroom experience report. Real trippers aren't afraid to go beyond there comfort zone "

:rofl:


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InvisibleAnnapurna1
liberal pussy
Female User Gallery
Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Law Question/Background Check Limitations [Re: Microcosmatrix]
    #5857618 - 07/14/06 12:56 PM (15 years, 4 months ago)

Quote:

Do you guys think he should sue the courier companies that won't hire him?




he should definitely consider it if he might have a case under OR state law ..

Quote:

there are some states that have laws on the books making it unlawful to discriminate in hiring based on criminal history unrelated to job performace.




zappa is wrong as usual..and employers are well aware that they could be sued in such cases...as such..they typically dont bother to call until after the candidate has passed the security screening...but the fact that they didnt keep their mouths shut suggests that this may not be so in oregon...

i also have a couple of ?s for the original poster ..

1) did the employer (orally.. on application form.. etc) expressly state that a prior criminal record would automatically disqualify a candidate?

2) more importantly..did you lie or not tell the whole truth when asked about the said criminal records?...

i should also comment that on all the job applications ive had to fill out..they only asked about felony convictions...maybe in mass their not allowed to discriminate because of frivolous charges...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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InvisibleAnnapurna1
liberal pussy
Female User Gallery
Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Law Question/Background Check Limitations [Re: Redstorm]
    #5857646 - 07/14/06 01:10 PM (15 years, 4 months ago)

Quote:

Redstorm said:
Try to get your record expunged.

Also, Zappa is correct. Every time someone breaks the law, they accept whatever consequences might come with what you are doing. It is not a matter of whether the law is right or wrong; it is a matter of weighing the harms and benefits one receives when breaking the law. We are all adults here and we have to reap the rewards (and punishments) for every action we take part in.




no..zappa is wrong..the consequences for breaking the law are to be determined by the courts..not corporations...to allow the private sector to continue punishment after the fact will only create recidivism at the taxpayers' expense...as such..some states have laws that restrict the power of an employer to discriminate on such grounds..and more are prolly needed...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 5 years, 5 months
Re: Law Question/Background Check Limitations [Re: Annapurna1]
    #5857856 - 07/14/06 02:26 PM (15 years, 4 months ago)

Your notion of what criteria companies can use for hiring is quaint indeed. Day care providers are required by law to screen their employees. Bars are required by law to vet bouncers. Courier companies are obligated to screen their couriers since they are allowed to cruise past security. I am allowed to not hire you because I don't like the mole on your nose. Fat ugly chicks cannot work as showgirls. The list goes on and on and on. As usual, you are totally wrong about everything, which is what my original post was about. That anna's legal advice is useless and dangerous. Because she knows nothing of law


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OfflineMicrocosmatrix
Spiral staircasetechnician
Male

Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
Last seen: 14 years, 11 months
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5857870 - 07/14/06 02:29 PM (15 years, 4 months ago)

Such a cute little rivalry going on here..

Have some flowers you two!



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:orly:



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InvisibleBuddha5254
addict
Registered: 04/23/00
Posts: 532
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5857897 - 07/14/06 02:36 PM (15 years, 4 months ago)

Well whatever I went I signed my contracts today. they only look back 5 years so Im covered, thank god. Im originally from NC where they are a little more draconian about it. ALso, I just want to also state that I completely understand why some jobs do background checks. Especially schools. I wouldnt want someone with my charges working with my kids to be honest. Now I can make a decent living and pay my way through school! Thanks to everyone that was of assistance!


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 5 years, 5 months
Re: Law Question/Background Check Limitations [Re: Buddha5254]
    #5857917 - 07/14/06 02:41 PM (15 years, 4 months ago)

Good luck to you. You seem like a good guy who did dumb shit once.


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InvisibleAnnapurna1
liberal pussy
Female User Gallery
Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5858219 - 07/14/06 04:17 PM (15 years, 4 months ago)

Quote:

zappaisgod said:
Your notion of what criteria companies can use for hiring is quaint indeed. Day care providers are required by law to screen their employees. Bars are required by law to vet bouncers. Courier companies are obligated to screen their couriers since they are allowed to cruise past security. I am allowed to not hire you because I don't like the mole on your nose. Fat ugly chicks cannot work as showgirls. The list goes on and on and on. As usual, you are totally wrong about everything, which is what my original post was about. That anna's legal advice is useless and dangerous. Because she knows nothing of law




first of all..i dont have a law degree..so complaints that i dont anything about the law might have some validity...OTOH..you dont have to know anything about the law to know that its for the courts to punish criminals and not ppl like zappa...and most readers could prolly agree that letting the zappas of this world get their way would both undermine the authourity of the existing legal system and create more crime...let alone the fact that zappa cant even produce a link..not even to a right-wing moonbat page..to back up any of his bullshit...

second of all..zappa has again tried to put words into my mouth by misrepresenting my earlier posts...so ill repost my lynx for your convenience ..

http://employment.findlaw.com/articles/2500.html

Quote:

Background checks may be necessary for certain jobs. These include jobs involving security or trade secrets. Checks should be made fairly and without bias. They should concern only issues relating to performance of the specific job. Checks that unnecessarily pry into private information or that employ unreasonable methods of data gathering may subject an employer to tort liability.




http://www.privacyrights.org/fs/fs16-bck.htm#3

Quote:

In California, criminal histories or "rap sheets" compiled by law enforcement agencies are not public record. Only certain employers such as public utilities, law enforcement, security guard firms, and child care facilities have access to this information. (California Penal Code ยงยง11105, 13300) With the advent of computerized court records and arrest information, however, there are private companies that compile virtual "rap sheets."

Employers need to use caution in checking criminal records. Information offered to the public by web-based information brokers is not always accurate or up to date. This violates both federal and California law when reported as such. Also, in California, an employer may not inquire about a marijuana conviction that is more than two years old.




i dont know the specifics of laws in different states..but its very obvious that employers dont have plenary power to diaqualify a candidate for reasons not relevant to the job (so no..ugly chix (skinny as well as fat) cant be showgirls.. and convicted rapists cant be child-care workers)...but i will concede that such laws are difficult to enforce ("reported as such") ..if you dont like the mole on my nose (assuming the job in question isnt a makeup model)..then you could always just say there were more qualified candidates and i would believe you...

in this case..however..it sounds like the original poster is able to document a legally questionable grounds for disqualification...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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InvisibleAnnapurna1
liberal pussy
Female User Gallery
Registered: 05/21/02
Posts: 5,646
Loc: innsmouth..MA
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5858223 - 07/14/06 04:18 PM (15 years, 4 months ago)

Quote:

zappaisgod said:
Good luck to you. You seem like a good guy who did dumb shit once.




you seem like a guy thats still doing dumb shit...


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"anchor blocks counteract the process of pontiprobation..while omalean globes regulize the pressure"...


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 5 years, 5 months
Re: Law Question/Background Check Limitations [Re: Annapurna1]
    #5858298 - 07/14/06 04:46 PM (15 years, 4 months ago)

Quote:

Annapurna1 said:


you seem like a guy thats still doing dumb shit...




What? Calling you out? I don't think so.


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OfflinePhred
Fred's son
Male

Registered: 10/19/00
Posts: 12,949
Loc: Dominican Republic
Last seen: 6 years, 10 months
Re: Law Question/Background Check Limitations [Re: Annapurna1]
    #5858322 - 07/14/06 04:53 PM (15 years, 4 months ago)

Banned for flaming. See you in three days.



Phred


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OfflineMicrocosmatrix
Spiral staircasetechnician
Male

Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
Last seen: 14 years, 11 months
Re: Law Question/Background Check Limitations [Re: zappaisgod]
    #5858327 - 07/14/06 04:55 PM (15 years, 4 months ago)

You're too abrasive. Fuck the law. I don't give 2 cents whether or not they find me suitable for delivering some jackass some papers.

The "system" ignores the fact that people can change over the years. "Law and order" is such a flawed concept both in design and practice it's not even worth trying to illustrate all the ways.


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:orly:



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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 5 years, 5 months
Re: Law Question/Background Check Limitations [Re: Microcosmatrix]
    #5858392 - 07/14/06 05:25 PM (15 years, 4 months ago)

Quote:

Microcosmatrix said:
You're too abrasive. Fuck the law. I don't give 2 cents whether or not they find me suitable for delivering some jackass some papers.

The "system" ignores the fact that people can change over the years. "Law and order" is such a flawed concept both in design and practice it's not even worth trying to illustrate all the ways.




What "system"? You own your own company? Do you hire people? DON'T YOU THINK YOU SHOULD GET TO CHOOSE WHO YOU CAN HIRE? You can ignore it. I can ignore it. To think that you HAVE to ignore it is just so mindbogglingly ridiculous as to make me wonder if I have any chance whatsoever of educating you. And I know couriership is some jackass delivering papers. But, and this is something you just can't seem to get at all, they get to breeze past security in secure buildings. They have to be clean. It is not at all inappropriate to disqualify someone for any record at all.


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