b'BUSINESS MANAGEMENTbe taking on an increased risk by hiring someone with a record. issues.There is such a wide range of sex offenses that I think it is a But every hire carries risks.The question is where this risk falls onmistake to lump all of them in one category.And even less serious the risk-reward scale.This requires an individualized assessmentand non-violent offenses can land a person on a sex offender to determine if the benefits of hiring someone with a recordregistry.Hiring someone on a registry may pose some new outweigh the risks. challenges since employees and people you do business with can Following good applicant screening practices is even moreaccess the registry.But presence on that registry can make it all important when considering whether to hire someone with athe more difficult to find work. While I do not mean to minimize criminal record.Here are a few tips that you might find useful: or excuse these offenses, it may be worthwhile taking a harder look at the record and what happened.Make sure your application asks about criminal recordsBack to the law for a minute, it is true that there are some cases (unless you are in one of those ban the box jurisdictions),out there where an employer has been held liable for criminal acts as well as about pending criminal charges. committed by employees that are known to have a criminal record. Require the applicant to fully complete the application,For that reason, special caution should be exercised before hiring including responding to this inquiry.If you see this passedsomeone with criminal convictions involving violence or theft.over on the application, it probably is intentional. JustThis is particularly true if the job will involve giving the employee the fact that the applicant tried to evade the question is aaccess to customers or their property.The same is true for many, bad sign.If that occurs, make note of it, in addition tobut not necessarily all, sex-related offenses.In these cases, the returning the form to the applicant for completion. safety risks, and the legal risks, usually are not worth it.If the applicant acknowledges a criminal record and youHere is my bottom line.If you are considering hiring the grant them an interview, ask them questions about it. applicant, and you see that they have a criminal record, make that Yes, it is awkward.But I think one of the most commonindividualized determination that is discussed above. The law interview mistakes is the failure to ask the tough questions. requires it anyway, so you might as well take advantage of it and Do you really want to hire someone who melts or bristlestake it seriously.In the right circumstance, you just may find that in response to a fair question about their criminal record? the potential benefits of hiring the applicant with a blemish on Politely ask them why you should give them a chancetheir record outweigh the risks.despite the recordits a good question and a fair question. And you certainly dont want someone who will not answer that question candidly and honestly.In most situations, there are ways to check out the applicants explanation of their criminal record.If the applicant gives you an honest answer, they may be deserving of a further look. Experienced Counsel and Pay close attention and evaluate the applicants explanation of their criminal record.Does the explanation make sense? Determined ProfessionalsDo they seem rightly embarrassed over what happened?Do they improperly try to make excuses instead of accepting responsibility for their actions? Attorneys Likewise, it is a good sign if the applicant discloses everything that comes up on a pre-employment backgroundOSHA Defense You Can check.Just the opposite is true if there is a failure toWorkers Comp Defense Rely On for disclose.Labor & EmploymentEffective Furthermore, verifying the information on the employmentLawapplication is all the more essential in this situation.TheConstruction Law Representationsame is true with checking references. For example, itBusiness Law would be a warning sign if the applicant attempts to hideLitigation Stephen A. Watringperiods of incarceration by claiming to be employed during that time, or if a reference doesnt check out. Gary W. AumanIt is undeniable that hiring someone with a criminal recordWilliam H. Barney, IIIcarries an element of risk.I would be very skeptical of hiringRichard L. Carr, Jr.someone with a lengthy rap sheet.Likewise, I would normallyDonald B. Rineerrecommend against hiring anyone with a drug conviction thatAmy C. Mitchellrelates to trafficking or manufacture. Someone with a convictionDouglas S. Jenksof a serious crime of violence may be too big of a risk.CrimesAbigail K. Whiterelating to dishonesty or theft should be evaluated based upon theDavid M. Rickert937-223-6003 Matthew J. Bakotaposition and the amount of supervision. amfdayton.comThat brings us to sex-related offenses.They pose some special www.mrca.orgMidwest Roofer 49'