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Should you, would you, hire that person?

DEAR EDITOR:

As an occupational regulatory consultant, I am often asked if an employer can or should hire someone with a criminal record.

As an employer, you do have the right to question and see an individual’s criminal record before hiring them, with some limitations. The decision to hire or not, based on their criminal record, must be directly related to the job, the position and the responsibilities they will be given. It all comes down to the liability of the employer. If a decision or an action taken by the new hire can be based on their past criminal charges and that decision results in a negative impact on the company or a civil concern, the employer can be held liable.

When it comes to one’s criminal record, I probably lean toward the liberal side, considering the crime, the history and the person. We all make mistakes. We can look back and simply accept those mistakes and ask “why?” It is the future actions, accepting the punishment and moving forward that counts.

My conservative view aligns with the position’s assigned duties. You would not want to hire someone with a crime related to a child for a daycare attendant or someone with multiple DUI charges for a delivery position.

I realize that many of you are not employers and believe you will never be placed in that position. But, you will be.

Every election, we become an employer. We choose someone for a position that has very important responsibilities. This is when the charges, the court rulings and the crimes must be considered.

So, would you hire someone for a powerful position who has been charged, found guilty on many of those charges and does not accept the court findings for charges involving highly classified document handling, conspiracy to defraud, obstruction of official proceedings, hush money payments to hide a crime, anti-racketeering charges, civil charges involving banking fraud and sexual assault charges?

It’s a simple factual question. Would you hire that person? Do you want to accept the liability for the actions that may result in such hiring?

Let me end with the well-known parable: A snake asked a man if he could help carry him up the mountain. The man replied, “but, you are a snake.” The snake said “don’t worry, I won’t bite you.” After reaching to summit, the snake bit the man. Lying there dying, the man cried out, “you said you wouldn’t bite me!” The reptilian hitchhiker said, “You knew I was a snake when you picked me up, what did you expect?”

God bless America.

JOHN P. LESEGANICH SR.

Canfield

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