Hello this is my first post and I need some advice. I recently applied to a
hospital in florida. Everything was going good during the hiring process. The hopital was starting me of at 22.70+1.50 diff from 3pm -7pm, I was suppose to be working a 12 hour 7p-7a shift. I already signed my commitment contract saying I will work at the hospital.
Everything was going good until the results of my background check came in. I was charged with a felony, illegal use of a credit card in 2001 before I started nursing school. Adjudication was witheld so I was never formerly charged and had I to do community service.
The guy in human resources was extremely rude to me today for no reason. He told me my contract was rescinded and I would not be hired due to my court case.
On my application it asked me if I was ever charged with a felony, I checked no because I was never formerly charged.
I think it's important to remember that in many cases where there is a past conviction (thought that may not be the case in the OP's situation) the facility doesn't really have a choice - they can't hire you without risking losing the ability to be paid for their services through Medicare, Medicaid, etc. And I understand that many private insurers including some very large ones also have language in their regulations that is similar to the federal regs.
Well, that would explain the problem. I didn't realize they could lose Medicare and Medicaid, etc. because of it.
This was 5 years ago, have you done anything wrong after the 2001 incident? My guess is no- We have done stupid things in our demon seed years, and 20 is still the demon seed years. Be honest with future employers, and go see the lawyer about getting this off your record.
your experience is an example of how a youthful indiscretion follows us into adulthood and affects future employment, especially with employers involved in health care who have a higher standard to uphold due involvement in medicare and medicaid funding which have regulations to protect these programs against fraud.
the application for florida license includes this criminal history section:
8. criminal history
have you ever been convicted of, or entered a plea of guilty, nolo contendere, or no contest to, a crime in any jurisdiction other than a minor traffic offense? you must include all misdemeanors and felonies, even if adjudication was withheld.
driving under the influence (dui) or driving while impaired (dwi) is not a minor traffic offense for purposes of this question. (review questions & answers section in instructions.) yes no if you answered yes, please send a typed or printed letter with arrest dates, city and state, charges and final dispositions/ if you were convicted of a felony, were your civil rights taken away? yes no if yes you must show proof your civil rights have been restored. you must have arrest and court records of final disposition for each offense listed. your application will not be considered complete until these records are received. if the records are no longer available, you must have certification of their unavailability.
i highlighted the section in red, for based on your post info, you would need to answer yes on your license application. any employment application with this type statement also would need to be answered yes.
by answering no and having a positive background check, you are considered as hiving lied on your application (falsification of record) and most employers will not hire you ---many even have that statement in italics on form.
there is another way of handling this section. instead of checking yes/no, write in margin "will discuss in person." you are not choosing an answer on the form, but willing to discuss situation with hr. it is a red flag to hr department, but considered an appropriate way to handle prior criminal history in many, but not all organizations.
as a hiring manager, i look more favorably on someone who writes this comment, and in interview brings the matter upfront as part of discussion and actions taken to mend ways.
having a letter of reference from college instructors describing college work performance is important to show responsibility and maturity.
in pa, those who performed community service all have a parole officer-- a letter from them adds weight to document fulfilled legal requirements and change of ways.
another thing you need to be aware of is the governments dept health and human services (hhs) office of inspector generals (oig) "[color=#006699]oig exclusion program"
every health care office/facility that participate in medicare/medicaid is required to perform sanction check review to see if staff have any criminal convictions in this database. http://exclusions.oig.hhs.gov/search.aspx
a positive listing means person unable to be hired by health care facility.
students/graduates are often unaware that if they default on student loans or do not list criminal history on board of nursing applications + board of nursing takes action, that they are unable to be hired due to government regs.
there are serious legal implications here. under federal employment law, if you have a positive criminal background check, the hiring facility must show you the document so you can determine if information is correct or not.
please consult an attorney to best help you review previous legal issues.
please empower yourself before applying at another facility.
thanx for the wonderful info nrskarenrn and all of you that responded. i didnt know this topic would evoke such a response.
i went back to the hospital that rescinded my contract today and apologized to the human resource officer. i told him that i wasnt aware that i had to disclose any info if i wasnt convicted or adjudicated guilty. i also told him that i learned a valuable lesson from this experience. he told me that he was extremely happy that i apologized to him and he wished me the best of luck in the future. when he told me the contract was rescinded yesterday i almost went crazy, i maintained my composure but said a few choice words ( no curse words) to him.
i had another interview today for the med-surge floor at a nearby hospital. i told the human resource person and the nurse manager what happend and that i was not convicted. it didnt even phase them. they said no problem, and told me that they were happy that i was upfront and that it shouldnt affect my hiring. they gave me a tour of the floor, went over pay and benifits, and told me that i would be an excellent addition to there facility. in my opinion the interview went very well.
this board and these responses helped me more than you guys and girls will ever understand. the responses and warm words of encouragement gave me hope and cofidence. thankyou all soooooo much for helping a fellow nurse confront his past and use it for momentum in getting another job.
Sheri257
3,905 Posts
Well, that would explain the problem. I didn't realize they could lose Medicare and Medicaid, etc. because of it.
:typing