Can employment offer be rescinded for

Why is a guy with a pristine credit report stealing something that he could buy on credit? If it happened 20 years ago, I could see looking past the incident. 8 months ago? Forget it. You still have handcuff marks on your wrists! Noone is going to let a thief work in IT. That's an easy way for a thief to steal. Sorry to sound so harsh. Keep your fingers crossed. It's your only hope.

Yes, they can rescind the job offer due to an arrest.  They can also rescind the job offer because you lied about the arrest on your application.  Employers can discriminate against you for being arrested since “being arrested” is not a protected class.  They can also rescind the offer to you because they decided that they don’t like your nose.

Anxious, not to be redundant, but for the Love of God, TALK WITH A

SECURITIES AND/OR LABOR ATTORNEY!

I did not lie on my application.  The only question they asked is if I was ever CONVICTED of a crime or plead guilty, etc.  Since I was arrested and the charges subsequently dismissed, I answered NO (which was the truth).

Thanks for the information about the U-4, etc.  However, I did not complete a U-4 form, only the company’s online employment application.  Which I had to sign, when I went in for the pre-employment screening (drug test and fingerprinting, etc.).

Because of my issue with this arrest, I was very careful when reading and answering the question.  I even contacted my lawyer and read him the entire question and he said I can honestly answer NO.

Luckily, I have a job now, and if they rescind this job offer, I guess I will just stay where I am.

Thanks for all the info.  It is appreciated.

Just one more thing, I got a call from HR yesterday saying that someone from their Employee Relations dept was going to call me to get more information about the incident.

Does anyone have an idea of what they are going to ask me?

Any advice about how to explain this matter without making my case worse? 

I know I deserve what I get for shoplifting in the first place, but I don’t want this ONE incident to ruin the rest of my employment opportunities.  I did complete a course offered by the National Association for Shoplifting Prevention (NASP), which helped understand why I would do something like this.  It was very helpful, and I don’t plan on shoplifting ever again.

[quote=Anxious]Just one more thing, I got a call from HR yesterday saying that someone from their Employee Relations dept was going to call me to get more information about the incident.

Does anyone have an idea of what they are going to ask me?

Any advice about how to explain this matter without making my case worse? 

I know I deserve what I get for shoplifting in the first place, but I don't want this ONE incident to ruin the rest of my employment opportunities.  I did complete a course offered by the National Association for Shoplifting Prevention (NASP), which helped understand why I would do something like this.  It was very helpful, and I don't plan on shoplifting ever again.

[/quote]

You had to take a course to help you understand why you won't shoplift again?!?!?!?!?  How about it is wrong and illegal!!!!  You must have some problems so I hope you are not hired in this industry. 

You can and should be fired.

There is no excuse for your behavior.  You cannot be employed in this field.

Why would a company let you manage other people's money.  You cannot cross the line even once.

All of you reading my post can judge me as much as you want, the bottom line is I know what I did was wrong and I am very ashamed and embarrassed about this.  I was in a depressed and upset state when I did this; and I would not do it again.

Also, I do not manage anyone’s money or have access to broker accounts; or anything else like that.  I don’t even program anymore.  I am just a project manager on internal IT projects.

So, all of you think I should never be hired by a financial services firm ever in my life because of this ONE thing.

I have worked in IT, in the financial services industry for almost 15 years, and never once had a problem with my work performance, and been promoted many times.  So, my entire career should be erased over one mistake.

I have read many of the posts on rrdblawyer on reasons people get sanctioned by NYSE and NASD and people have done so MANY WORSE THINGS than shoplifting and my case was DISMISSED and I have NO CONVICTION, and I DID NOT LIE about it to this perspective employer.

What happened to people giving you a second chance?

I found this link on the internet, which talks about limiting inquiry into and use of arrest records in New York State.

http://www.lac.org/toolkits/arrests/…WS-arrests.pdf


I pray and hope this may apply to me in this context.

** I have one request of people reading my post: Please stop judging people. If you don’t have an objective opinion or any useful information to add, what’s the point? **

[quote=maybeeeeeeee]

You can and should be fired.

There is no excuse for your behavior.  You cannot be employed in this field.

Why would a company let you manage other people's money.  You cannot cross the line even once.

[/quote]

Do you work in the IT department Maybeeee?   He's not even a RR or trying to become one. Nor was he found guilty.

Anxious  the NYSE problem probally led you to this site. You need to go on a HR message board you probally will find someone who works with these type issues.

Sorry for the burden you are having to carry, we all have them, most just never get caught. I see robbery in this biz from referrals statements monthly. 

Good luck out there and make alot of money and give me a call.....cause I promise most of us here would invest your money. Guilty or not.

[quote=Anxious]All of you reading my post can judge me as much as you want, the bottom line is I know what I did was wrong and I am very ashamed and embarrassed about this.  I was in a depressed and upset state when I did this; and I would not do it again.

Also, I do not manage anyone's money or have access to broker accounts; or anything else like that.  I don't even program anymore.  I am just a project manager on internal IT projects.

So, all of you think I should never be hired by a financial services firm ever in my life because of this ONE thing.

I have worked in IT, in the financial services industry for almost 15 years, and never once had a problem with my work performance, and been promoted many times.  So, my entire career should be erased over one mistake.

I have read many of the posts on rrdblawyer on reasons people get sanctioned by NYSE and NASD and people have done so MANY WORSE THINGS than shoplifting and my case was DISMISSED and I have NO CONVICTION, and I DID NOT LIE about it to this perspective employer.

What happened to people giving you a second chance?

I found this link on the internet, which talks about limiting inquiry into and use of arrest records in New York State.

http://www.lac.org/toolkits/arrests/...WS-arrests.pdf

I pray and hope this may apply to me in this context.

** I have one request of people reading my post: Please stop judging people. If you don't have an objective opinion or any useful information to add, what's the point? **

[/quote]

Dude, you don't understand this industry. The government must operate under an assumption of innocence until proven guilty, not the rest of us. I don't think any of us wish you any harm...we're just telling you the thought process that permeates our industry. If the new firm wants you, you're in. I have my doubts that they'll take you, that's all.

I hired a sales assistant several years ago who had a drug conviction. She

had gotten probation, had finished her probation and had it discharged. I

spoke with compliance before I hired her, and she was upfront about the

whole matter, trying to get her life in order again. Compliance approved,

subject to NASD review. Several months went by, and I got a call from

compliance telling me that NASD had shot it down. I called the NASD to

plead the case and was told that she had to go by the end of that day! I

asked them to reconsider, as she was getting it together. I was told no, that

they were sure that I could find someone who didn’t need to get it together.



These people are serious.

Thanks for sharing your story. 

Is it your opinion that I should not take the new job, even if they give me the ok after reviewing my case?  I am supposed to hear from the company tomorrow about their decision.

I have a good stable job now, and I don’t want to worry that I’m going to lose my job at some unpredictable time in the future.

My intention is not to try to scare you, Anxious. I merely show you the

times…and what you’re up against. I know you’d like this new job, and I

hope for your sake that it works out. However, if they give it their blessing,

I’d ask if the NASD could (or would) override their decision.



Best of luck to you!

[quote=rrbdlawyer]

Anxious:

With all due respect, part of maturing in life is learning not to get all bent out of shape when some miscreants post nonsense on an anonymous website.  And, frankly, when you open the book on your life online and discuss intimate details, you have to expect that a lot of folks who simply enjoy flaming posters will vent their puerile fury.  Welcome to the untamed and raw Internet.

As to your situation, just ignore the postings that spew venom and carefully consider those that have tried to sensibly prepare you for the inevitable reality of Wall Street.  I am a lawyer who represents BD and RRs.  I have a great deal of experience with the matter you reference.  The bottom line, as many posters noted, is that this industry takes a dim view of folks with regulatory, criminal, or litigation histories.  Why?  The simple answer is that you are an enhanced liability.  If you are involved in any customer dispute, your background may be used against you -- regardless of whether the laws of evidence would permit such use.  As with many things in life, the crap that is your luggage often finds a way into the record.  Given that likelihood, if it comes down to hiring you or a choir boy, the choir boy will get the job and the promotion.

The next issue for you to understand is that based upon  your statement of the facts, there is NO regulatory prohibition against anyone hiring you.  On the other hand, that doesn't rule out firms declining to offer you a job because they just don't like the fact that you stole something that wasn't yours.  You can sue someone for not hiring you because they violate your constitutional rights, but not liking the cut of your jib is not an illegal consideration. 

At the end of the day, unlike many posters here, I understand your explanation.  You say it was an aberration and foolish lapse of youth.  Fine.  As a far more learned man than me once said, go and sin no more.  And that's your challenge.  You can't undo your past but you can try to prove to others that you slipped once and only once.  As we get older, we see that many individuals do indeed live the words of Amazing Grace--there can be redemption.

Consequently, suck it up, apply for the jobs, put in the hours, and get your life back on track.  Don't waste your time posting on these types of sites and then get upset by the garbage that folks toss your way.  Cull through what's worthwhile and live with it. 

I wish you the very best and hope things work out.

Bill Singer

[/quote]

Billy, do you "understand" that this "foolish lapse of youth" occurred 8 months ago?

“enhanced risk”…I like that one!

Perhaps he can get it “es sponged” (sp) from his record?

[quote=maybeeeeeeee]Why would a company let you manage other people’s money.  You cannot cross the line even once.[/quote]



This guy could have very bright future in annuity sales.

Given that likelihood, if it comes down to hiring you or a choir boy, the choir boy will get the job and the promotion.

Obviously, NASD folks never saw the movie Babel.

Comments:  Sometimes people on forums spew lots of venom to make themselves look clever and to make you feel worse about yourself.  I agree wholeheartedly with the nice attorney's advice: and it was FREE: how many attorney's do this I ask.  You're doing fine in your current career field - don't change to this career: you will struggle and not make as much money, anyway.  Have you read posts on amexsux where new fa's work 80 hours a week and draw $25K--have to pay it back with their commissions, too.

You're forgiven: sin no more.  Pay no attention to negative driveland don't let it get you down.  Many others may have made the same mistakes (they just didn't get caught).

In this industry, there really is no hiding from your past.  I know this personally.  When I was 18 I was pleaded no contest to a misdemeanor.  That was in 1998.  Of all things, it was a prank email spam email that contained an inappropriate joke.  Totally childish, very stupid.  Had it expunged.  Supposedly it was “wiped” off my record.  In 2003, when I was 23, I went to apply for a job as a broker at a major wirehouse.  I was told to disclose it, and it “won’t hurt me.”  I disclosed it, and was told by their branch manager the interview process was over.  The misdemeanor wasn’t “appropriate for the industry, regardless of how petty and foolish it was.”  I then went an applied at a small independent firm and I disclosed the conviction straight off the bat.  Their response “You got a misdemeanor for a prank email???”  They were cool about it and they hired me.  They ran an FBI background check for the NASD, and it came up.  But I disclosed it, hadn’t lied to them, and they were cool with me when it came up since it wasn’t a surprise.  I’ve been with the same firm since 2003, and things are going great.  I’m fully licensed, and have a book of clients.  A major firm may not hire me, regardless of my qualifications because of this misdemeanor, but i love where i’m working now and I’m happy with the money I’m making.  Trust me, just always be upfront and honest.  You may not like the answer you hear or the decision that is made by the firm you’re applying to, but you never know.  There are always smaller firms or banks that may give you a shot. 

The whole "Expunged for your record" issue is a massive problem these days.

With the whole "Patriot Act" uncovering and the advent of digitally archived convictions that were in the secret secret vaults of the FBI... Net result is that people are being called on items that were expunged due to "Youthful Offender" status in the 60s, 70s, 80s and 90s.

I've heard of people (not me, I swear it!) who have had these things dredged up and the record was supposed to have been expunged. The problem comes about when they insist that the applicant prove that the case had been expunged. You have to prove that something never happened.

Letters to those juristictions are responded to with letters stating that they have no record one way or the other (why? because the local authority had the record destroyed, like they were supposed to have.)

As to the originator to this thread. What RRBDLawyer said. I like to whack moles as much as the next guy, but you aren't deserving of that sort of behavior. There is no doubt that this is a business that takes a dim view, unless they need you in which case they'll overlook absolutely anything.

I'd blame it on sleeping pills, acknowledge that it was wrong and try to get the interviewer to see you as a sympathetic character.

Kind of the good news is that, these days, so many people are red flagging it because of their wild youths, the level of acceptance has to rise in response. It's simple supply and demand.

I got a call from HR saying they need to contact the hiring manager to find out whether they will approve a "bond waiver" (I never heard the term before).  THe HR person said they will have to inform the hiring manager that I committed a "fradulent act"  and no other details of the arrest will be given.  And, that if the hiring manager is ok with this, then the CIO of their department has to sign off on it too, before they can hire me.

Does all of this sound like normal procedure?  Should I even take the job at all now that the hiring manager is going to know about this matter? 

From my POV it sounds good. If all is up known up front and they still decide to hire you then you're good to go.

It would be less certain if they didn't know and then found out during some probationary period.

The hiring manager will ask you what happened (perhaps ex officio) and then you can go into the whole "Soon to be Ex driving me nutz, took a sleeping pill, woke up in front of the store with designer ladies undergarments stuffed down my pants" story. (Don't mean to make light, just saying that it can be seen as not so big a deal when it's not you.)

Meanwhile, I'd ask UP FRONT if this incident gives them the equivalent of a lifetime Put on your employment. If it does, then you might look at this place as a stepping stone to someplace else.

Thanks for your advice.

I don't mean to sound ignorant; however, can you explain what your statement means?:

"I'd ask UP FRONT if this incident gives them the equivalent of a lifetime Put on your employment."

BTW, the HR person did say that the information given to the hiring manager should not be used adversely against me in the future (should they decide to hire me).

Just in case any one reading my posts was curious, the job offer was rescinded, and I was told I couldn’t apply for a job at this company until the arrest record stops showing up on background checks.

I’m just sharing this information for others who maybe in my predicament now or in the future.

I am lucky to at least have my current job and all of this happened before I gave notice to my current employer.

[quote=Anxious]Just in case any one reading my posts was curious, the job offer was rescinded, and I was told I couldn't apply for a job at this company until the arrest record stops showing up on background checks.

I'm just sharing this information for others who maybe in my predicament now or in the future.

I am lucky to at least have my current job and all of this happened before I gave notice to my current employer.


[/quote]

Sorry 'bout that. I'm not surprised, though. THe days of "if they indict you, we'll invite you" are long gone.

Bummer!

Still, what the line meant is "once this is behind you does it stay behind you or could they drag it out anytime they wanted to fire you?" A put is an option contract where some one can force you to take stock at a predetermined price, even (and especially) if the current price is lower than the predetermined price.

Anyway, better luck next time. hopefully the lawyer will get the blotch permanently removed. Don't do stuff like that! (but you know that.)

Good Bye.

[quote=Anxious]Just in case any one reading my posts was curious, the job offer was rescinded, and I was told I couldn't apply for a job at this company until the arrest record stops showing up on background checks.

I'm just sharing this information for others who maybe in my predicament now or in the future.

I am lucky to at least have my current job and all of this happened before I gave notice to my current employer.


[/quote]

Sorry, I read the last posts and missed some of your intial points here.  I thought you were considering moving from an IT Project Manager job to a financial advisor job.  If you live in a right to work state, any employer can rescind a job for any reason.  However, if you feel they rescinded the job due to discrimination, then you can file an EEOC complaint. 

Since you said it was expunged from your record then doesn't seem you have an issue; however, you may have to admit you had a prior record--I'd consult a lawyer on this to find out if you have to mention this at future job interviews or on future job applications.  It seems that if it was expunged, this shouldn't have turned up on the background check and you don't have to admit to it.  You mentioned it might eventually stop showing up on background checks - are you sure of this? 

Bottomline:  if you have a job: don't give notice until you have another job: so no harm done: you still have a job and now you know how that little black mark may follow you around.  If you have this as an issue again, you might have to forget about working at these types of companies with more intensive background checks.

As a project manager and if you were not involved in changing accounts or accessing accounts or transactions, then there's no way you could "steal" at this company.  The offer was rescinded because of "character" -- you were judged and because maybe the hiring manager still wanted to hire you but he didn't want anything to come back and haunt him because of the bad mark.

If this goes off your record eventually then problem resolved; otherwise, it seems you had better keep your current job since apparently you were working there before the theft.  And any company (not just financial services) will uncover this as a background check.  Line up your references and be sure you are glowing to overcome this black mark.

At some point in time if you've been told it will drop off, then hire a company to do a background check for you so you'll have more peace of mind.    

So now you know not to apply for an fa job until your record is clean, too.  You just have to be barely breathing ... and also have a good record to work as an fa.  As mentioned, even an "assistant" has to be spotless, too. 

Goodluck.  

Thanks for your post.

I think it was bad timing because the expungement order was finalized and approved by the judge about a week before I went in for fingerprinting.  And, I didn’t have to disclose the arrest because there was only one question on the employment application asking whether I have ever been CONVICTED of a crime. So, of course I answered NO, since the charges were dismissed.  And, it still came back to haunt me.

I contacted my lawyer and he says it can take anywhere from 3 to 6 months for an expungement order to make its way through the “system”.