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Your thoughts on my hiring decision?

April 8th, 2012 Melanie No comments

Question by : Your thoughts on my hiring decision?
Hello all. I originally asked this question in another forum where I received a number of differing and conflicting answers. Therefore, I thought I might post this is a more general category to get a lay person’s opinion on the question.

I am employed as an Owner/Executive Chef of my own business in the restaurant industry. Recently, I’ve been criticized by a number of my neighbors and friends for offering employment to a man who was convicted of prescription fraud and DWI back in 2001. This gentleman is a collegiate culinary arts graduate and has been working under me as Sous Chef for the past year. He has proven to be invaluable to my restaurant with knowledge in areas such as garde manger and saucier where my other line cooks (all of whom are only high school graduates) are weak.

Repeatedly, my family, friends, and even some of my employees have expressed their ‘grave’ concern over the legal liablility that my business may face by hiring such a person. I’ve had several comment to me that “you shouldn’t have hired a bum when they’re are so many ‘good’ men going without work.” I stand by my decision.

Wondering if any other business owners have had to face these types of problems. Sorry, no other applicants applied who were qualified for this job. I needed a culinary arts graduate who knew what they were doing and had experience (which this man had). I’ve been told that I should have given the job to a “law-abiding” citizen. Even if that citizen didn’t have the formal education and experience needed to perform this job.

What do you all, as business owners think? Would you hire someone with a record? Or would you rather go with the ‘clean record’ man who may or may not be up to par for your business? As an owner, I go by the bottom line. Can this person help my business, help me, and make a profit for the establishment?

As far as criminality is concerned, I do draw the line at certain things but a 10 year old conviction for pills and DWI, no. Has nothing to do with this job and I don’t see how it applies. It wasn’t a bona fide occupational qualification according to the EEOC. I was afraid I might get sued but I’m glad I hired him as it all worked out in the end. Interested in other views on this since I’ve had to defend this hiring decision to many people.

For those wondering about how my family and friends found out about this: Nearly everyone I know nowadays runs background checks on anyone that they must do business with, rent an apartment from, or even date. All of this is PUBLIC information and is available to anyone for a small fee. I did not go divulging this information. It’s PUBLIC info. You can find out anything about anyone nowadays. Even my competitors go so far as to check Facebook or other social media records in addition to background checks, credit and rental histories, and civil records (bankruptcy, evictions, divorces, child support, ect.) It’s very common nowadays. Recently, another executive chef I know refused to hire a man because he was 6 months behind on his child support payments and had been held in contempt of court order (a crime where I live and one for which a person can be jailed).

The greatest response I have received has been concerning the public “outing”, if you will, of divorce records and child support along with bankruptcy records. I know this is an issue nowadays with so many people in the States enduring bankruptcy, foreclosure (also public record) among other things.

My question is….what do you think of it? Should employers, lenders, landlords, banks, and government agencies should be able to legally use this info. against you? Let’s face it, if you’re a deadbeat, you’re a deadbeat. I hired a man with a crimianl record and I stand by my decision as he has been good for my business. It was 10 years ago that he had trouble with the law. For those who think public records should be used against people, do you have a time limit? How long is long enough that the record no longer matters….or does it always matter, even 20 years later. True story, I’ve known people who were denied jobs or loans for an event that occured in the late 1980s.

For those of you who are “privatist”, interested in hearing what you think. Should this info. always be public…even 20, 30, or 40 years after the event. I don’t ask this as a hypothetical. Some of my peers have denied employment to candidates with convictions or bankruptcies that were more than 15 years old. Additioanllly, several bankers that I’ve done business with (although they won’t admit it) do the same thing with old debts.

Can you start over in this country with a blemish on your record (whether it be financial, civil, or crimial) or are we evolving into a society where one has to be “perfect” (no bankruptcy, never arrested, no

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Answer by Bev
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