In my partial response to some of Robert Pare's questions as to if an applicant must disclose criminal background to a former employer, it is my understanding that the nature and extent of crime disclosures by an applicant will depend on the state law. A helpful website
Background Check Laws by State (backgroundchecks.com) will guide the reader to specific criminal background check laws per state.
Here is an article on the legal quandary related to employment background checks from Google Scholar Extremely complex and it has evolved since 2008 of course.
Microsoft Word - 4.docx (jlcjnet.com)
Western, B. (2008). Criminal Background Checks with Employment Among Workers with Criminal Records. Criminology & Pub. Pol'y, 7, 413.
I have come across articles regarding criminal backgrounds and diminished labor market access. For instance,
Chien, C., George, A., Shekhar, S., & Apel, R. (2022). Estimating the Earnings Loss Associated with a Criminal Record and Suspended Driver's License. Ariz. L. Rev., 64, 675. You can pull it up in Google Scholar.
Regarding the reason for termination, an employee must be honest. The employer will generally not state the reason for termination in a background check because of fear of liability. There are some new law changes that protect the employee from disclosure (in some states) if the reason for termination meets certain criteria. For instance, employee termination because of harassment.
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Jeffrey Kiel
CEO
vocexpertkiel@vocsolutions.netSan Antonio, TX United States
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Original Message:
Sent: 08-12-2023 13:59
From: Robert J. Pare'
Subject: When Fired from a job...
Must one disclose "why" they were terminated, noting that no crime was committed? Must the applicant disclose if there is a pending suit against the former employer?
Are there statistics on how difficult employment re-entry may be?
In addition to Bolles' work, where is there guidance to handle interview questions regarding reasons for leaving past employment?
Thanks in advance for further insights and experience on this topic.
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Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
rpare@consultativerehab.com
Mt. Laurel, NJ. Tel: 609-531-2529
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