Follow
Share

This recently happened to me when I decided to go back to work after a 3 year hiatus. I was hired by the first company I applied with and at the training session, the trainer pulled me aside and said I had to leave because when she checked my background, she discovered I was "convicted of elder abuse". She refused to even listen to my protests. I was dumbfounded, and after several months of misery, decided to do whatever is needed to clear up this nightmare. I don't know where to start, I can't even discover who or what agency is reporting this falsehood.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
This doesn’t make any sense.

You cannot be convicted of elder abuse without an investigation. Plus there would be a penalty of some sort if you were found guilty.

You’re going to have to do a background check on yourself to get to the bottom of this.

Can you explain further? Were you a caregiver in the past?
Helpful Answer (1)
Report

Just one thing, if you find that a former employer said this, they cannot do that without proof and an investigation. They can say nothing to someone asking about your performance that will keep you from getting another job. I did this for my employer. Only certain answers can be asked and responded to. How long did they work for you? On time? Too much time taken. Very basic questions. If you find that an employer did accuse you with elder abuse and did not investigate properly, go to your labor board and file a complaint.
Helpful Answer (3)
Report

What kind of job were you getting, out of curiosity? Was it in the caregiving or medical industry? Convicted of X generally means it was through a court process, I don't know how that could happen with one not being aware of it.
Helpful Answer (3)
Report

"Guilty of elder abuse" is kind of a broad term.

If you were accused of criminal behavior, ie. an accusation that would lead you to be tried in a court of law, you would have been arrested, arraigned, brought before a judge, had to enter a plea, released or remanded (depending on circumstances) before any trial. You would have been informed of your rights (Miranda) and given the opportunity to defend yourself. In other words, if this was a criminal accusation, then there is no way you could be "accused and found guilty" without your knowledge. The Constitution guarantees this. So, no, there can't be a criminal conviction of you without your knowledge.

That said, if a complaint was made against you to your former employer, one that didn't rise to the level of criminality, and that is where this HR/trainer got this information, then I would suppose that it would be possible that your former employer never told you about the accusation(s), as unfair as that might be, as it didn't give you a chance to refute the accusation(s). I imagine, depending on the nature of the accusation(s), it might be enough to keep this new company from employing you.

You might want to contact your previous employer's HR department and ask them if there were any allegations/accusations made against you, but I don't know that they would be obliged to inform you.
Helpful Answer (2)
Report

I agree, this could be right name wrong person thing. If you were convicted of elder abuse, you should have been investigated by APS. As tge HR department where you were hired if they could give you a copy of the background check. That you have no idea what they are talking about because you have never been investigated. Are you licensed, if so check with the licensing board if they show any charges brought against you. Or, ask the cops how can u go about getting a background check done.
Helpful Answer (0)
Report

More detailed suggestions:
1) Try the police first.
2) Go back to see the trainer and ask her for more details. My maiden name was Lobb, and Margaret Lobb’s were rare. Margaret McKenzie’s are surprisingly common! She might have made an honest mistake.
3) Find out if she told anyone else about your ‘conviction’. If she did, it’s defamatory (if she just said it to you, it’s not defamation). I would guess that she told the company that hired you. Then get a lawyer’s letter written to her to say that defamation proceedings will be issued unless she provides full details. Work out your damages for loss of wages and reputation. You can do this even if it was ‘an honest mistake’. She should have taken more care, and provided you with details.
4) Go back to your previous employer and ask them for an explanation. If it wasn’t a ‘conviction’, just bad mouthing, go them for defamation as well. They may be quite prepared to do it again. You should NOT put up with it.
Helpful Answer (2)
Report

This doesn’t make any sense. You would have had appeared before a judge if you were convicted of a crime, or a warrant would have been issued for you if you didn’t appear. Contact the police to see if they have any information.
Helpful Answer (3)
Report

If there is a conviction, you will probably be able to get details from the police.
Helpful Answer (0)
Report

Did you ask her where it came from? Also check your licensing agency. It should be there if you were charged?
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter