Hiring ex-cons, should employers share the information?
 

Should an employer inform a new hire in a management position that one of his or her employees has a criminal history?

Imagine this scenario.

Mr. Davis went on a second interview for a new job. Mr. Davis met his staff on the second interview.

Mr. Davis discussed the interview with a colleague of his in the industry. Mr. Davis tells the colleague he has an employee reporting to him named Ron Mexico.

The colleague knows of Ron Mexico and tells Mr. Davis to “do your research and call me back".

Mr. Davis used this site https://www6.state.nj.us/DOC_Inmate/...300430&n=0 to find out that;

The court found Ron Mexico guilty of the following crimes

1 count/merged count of :
2C:14-2C*2 Sexual Assault 5 Years

1 count/merged count of :
2C:24-4*4 Endanger Welfare/Child: Sell/View Photo /4 Years

According to someone with knowledge of the situation Ron befriended a sixteen year old girl and had sex with her on a continual basis. Ron taped it,photographed it and traded it with fellow pedophiles.

Mr. Davis’s colleague later told him that Ron Mexico lost a prestigious position at another company because his company found child pornography on Ron's computer.

Should that information factor into whether or not Mr. Davis accepts the position?

What if Mr. Davis accepted the position and found out after the fact about Ron Mexico, does Mr. Davis have a valid reason for not wanting the position.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]

What if Mr. Davis accepted the position and found out after the fact about Ron Mexico, does Mr. Davis have a valid reason for not wanting the position.

[/ QUOTE ]

I'm pretty sure "i don't want to associate with pedophiles" is a valid excuse for not wanting to do anything.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
Should an employer inform a new hire in a management position that one of his or her employees has a criminal history?

...

What if Mr. Davis accepted the position and found out after the fact about Ron Mexico, does Mr. Davis have a valid reason for not wanting the position.

[/ QUOTE ]

Yes, this should be disclosed to the manager and he should be provided with the appropriate background documentation. This should not be public within the company but well documented within HR.

Of course Mr Davis has a perfectly valid reason for not wanting the job but probably should just fire Mr Mexico.

J

Re: Hiring ex-cons, should employers share the information?
 

So now you are a pedophile if you have sex with a 16 year old girl?

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
So now you are a pedophile if you have sex with a 16 year old girl?

[/ QUOTE ]


The police siezed Mr. Mexico's computer and they discovered child pornography on the computer. This caused him to have the label of pedophile.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
So now you are a pedophile if you have sex with a 16 year old girl?

[/ QUOTE ]

this sounded really strange to me in this context as well. dictionary.com says "an adult who is attracted to young children", I really don't think wanting to have sex with 16-year-olds makes you a pedophile.

edit: saw your reply, so ignore above.


Also,

[ QUOTE ]
... and had sex with her on a continual basis.

[/ QUOTE ]

consentual? continuous?

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
consentual? continuous?

[/ QUOTE ]

Yes to both.

Re: Hiring ex-cons, should employers share the information?
 

It would depend a little on the exact jobs we're talking about, but it appears that both Mr. Davis and Mr. Mexico are senior executives of some sort (I'd feel differently if the job was managing a call center and Mr. Mexico was a telemarketer or something). Based on the assumption that Mr. Davis and Mr. Mexico would be working very closely together, if I was Mr. Davis this would definitely give me pause. I would address it with the company and possibly with Mr. Mexico himself (not sure about the legality of that but I'd find out). So yes, it would factor into my decision, but without more information there's no way to say whether it'd be a deal breaker.

If I found out about this after the fact, and I knew the company knew and didn't tell me, I think I'd be pissed off. Again, I'm assuming that I'm an important executive who's basically running the place, and the failure to disclose this to me would be a big red flag aside from the offense itself.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
[ QUOTE ]
Should an employer inform a new hire in a management position that one of his or her employees has a criminal history?

...

What if Mr. Davis accepted the position and found out after the fact about Ron Mexico, does Mr. Davis have a valid reason for not wanting the position.

[/ QUOTE ]

Yes, this should be disclosed to the manager and he should be provided with the appropriate background documentation. This should not be public within the company but well documented within HR.

Of course Mr Davis has a perfectly valid reason for not wanting the job but probably should just fire Mr Mexico.

J

[/ QUOTE ]

HR probably wouldn't let you fire Mr. Mexico, as lawsuits are a PITA.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
It would depend a little on the exact jobs we're talking about, but it appears that both Mr. Davis and Mr. Mexico are senior executives of some sort

[/ QUOTE ]

Correct assumtion.

Mr. Davis interviewed for a senior management position and Ron Mexico works as a supervisor with as many as five employees reporting to him.

[ QUOTE ]
If I found out about this after the fact, and I knew the company knew and didn't tell me, I think I'd be pissed off. Again, I'm assuming that I'm an important executive who's basically running the place, and the failure to disclose this to me would be a big red flag aside from the offense itself.

[/ QUOTE ]

Response that Mr. Davis had hoped to read to start the argument.

Mr. Davis felt more apprehensive because one of the owners introduced Ron as "good people with a lot of knowledge in the industry".

The company giving misinformation about Ron Mexico made Mr. Davis ponder what else did they not tell him.

The fact the company did not tell Mr. Davis about Ron's past disturbs him more than the fact that Ron went to prison.

Re: Hiring ex-cons, should employers share the information?
 

MG,

Those look like felony charges. Is that correct? Did this guy go to prison?

Depending on labor laws, the company might not actually be able to tell you about this guy's criminal history. If that's the case, I wouldn't hold that against the company.

What's the timeline on this stuff?

16yo relationship
Prosecution / jail or prison time
Prestigious job at prior company
Child porn found
Job at current company

Was he also prosecuted for the child pornography (that sounds like a separate offense).

I would be more concerned about the fact that the hiring team at this company was willing to bring this guy on in a supervisory position. It's definitely a valid reason to give to the company to reneg on acceptance of a position.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
Those look like felony charges. Is that correct? Did this guy go to prison?

[/ QUOTE ]

Yes he pleaded guilty to a felony charge. He served three years in prison. He left prison 1-06. He started with this company in the beginning late 06.

[ QUOTE ]
What's the timeline on this stuff?

16yo relationship a little more than a year started when she was 15
Prosecution / jail or prison time state correctional facility /prison
Prestigious job at prior company operations manager for a large law firm
Child porn found lewd acts and portraits
Job at current company supervisor over a staff of 3 employees


[/ QUOTE ]


[ QUOTE ]
I would be more concerned about the fact that the hiring team at this company was willing to bring this guy on in a supervisory position.

[/ QUOTE ]

QFT.

Re: Hiring ex-cons, should employers share the information?
 

MG,

Was the child porn found at a prior job before he went to prison? Or was that in a job post-prison but before current company?

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]
Was the child porn found at a prior job before he went to prison?

[/ QUOTE ]

When he got caught with the sixteen year old, his company cooperated with this authorities and checked his computer at work. They found child prornography and terminated him.

Re: Hiring ex-cons, should employers share the information?
 

[ QUOTE ]


I'm pretty sure "i don't want to associate with pedophiles" is a valid excuse for not wanting to do anything.

[/ QUOTE ]

And even if it isn't, the company probably will not want to sue mr davis to try and enforce anything.