Snarky Brides

Woman fired from job for crime committed 40 years ago

http://bottomline.msnbc.msn.com/_news/2012/05/07/11578176-wells-fargo-fires-employee-for-72-shoplifting-conviction?lite

CN: A woman who has worked at Wells Fargo for 5 years was just fired for a crime she committed in the 70s.  She did the time for it.  They're claiming they are bound by a federal law to not hire/continue to employ people who have a criminal record that includes dishonesty or breach of trust.


WI is an at-will state, so they could have fired her for no reason at all (and honestly that might have been a better idea because now she might turn around and sue).  However, if they didn't run a proper background check when they hired her FIVE years ago, I think that's on them.  I'm not a lawyer, but I didn't realize there were federal laws about hiring people who have committed crimes.  There are people out there who have commited crimes in the past but now hold jobs.

WDYT?
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Re: Woman fired from job for crime committed 40 years ago

  • It does stink that it has come up after so long, and I see your point about them doing the background check when she was first hired.  It does make me wonder - Did she list it on her application?  If no, it leads me to believe that she was purposely not providing the information, and that alone can cause someone to lose their job.  They do say that it is a federally regulated law that prohibits them from employing someone with her background so I don't know that she would have much to stand on in court. 

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  • I can't open the link, but does it say whether she lied on application about the crime?
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  • If she lied about it on her application then she should be fired. (I didn't read the article). 
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  • ErinG93ErinG93 member
    2500 Comments
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:ae0a02a7-8c9b-43ff-adae-04272d0edf08">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]If she lied about it on her application then she should be fired. (I didn't read the article). 
    Posted by LetsHikeToday[/QUOTE]<div>
    </div><div>Yup. 

    </div>
  • The article is really bare-bones and doesn't answer that question.  I, too, wondered if she disclosed it on her application.  If she didn't, she should be fired.
  • The article doesn't say anything about her application, so I'm curious how she answered that question about being charged with a crime.

    But I can see why they would fire her, if she was dishonest about it. it's funny that they made sure to mention she worked in customer service, not handling money, since the crime was shoplifting. I guess the bank and writers had the same thought process there.
  • SarahPLizSarahPLiz member
    10000 Comments
    edited May 2012
    Either way, Wells Fargo's insurance company needs to bond all employees with access to financial assets. If they can't bond her because of a prior conviction, then they can't continue to employ her. 

    A lot of applications only cover the last 7-10 years, but I would think that WF would go further than that because of their bonding requirements. 
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  • It depends on what's she'd doing in customer service.  If she is in a position that requires her to be registered with FINRA, then yes, WF is correct.  Her crime would have needed to be disclosed on her U-4 form which is used by FINRA during the registration process, and likely, as the crime involved money in a sense, she would not be able to be hired and properly bonded.

    I'm just assuming here, but that's what it's like in my position.
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  • If she didn't tell them that she committed a crime, and it goes against their company policy, I really don't see an issue with it. There are plenty of other jobs she can find that don't have a policy like that. Banks have lots of regulations they have to follow. I don't fault them for protecting themselves. 
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  • MRadsMRads member
    Fifth Anniversary 1000 Comments
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:5e8f774f-fdab-4271-a00f-a90dec5c8e91">Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]<a href="http://bottomline.msnbc.msn.com/_news/2012/05/07/11578176-wells-fargo-fires-employee-for-72-shoplifting-conviction?lite" rel="nofollow">http://bottomline.msnbc.msn.com/_news/2012/05/07/11578176-wells-fargo-fires-employee-for-72-shoplifting-conviction?lite</a> CN: A woman who has worked at Wells Fargo for 5 years was just fired for a crime she committed in the 70s.  She did the time for it.  They're claiming they are bound by a federal law to not hire/continue to employ people who have a criminal record that includes dishonesty or breach of trust. WI is an at-will state, so they could have fired her for no reason at all (and honestly that might have been a better idea because now she might turn around and sue).  However, if they didn't run a proper background check when they hired her FIVE years ago, I think that's on them.  I'm not a lawyer, but <strong>I didn't realize there were federal laws about hiring people who have committed crimes.</strong>  There are people out there who have commited crimes in the past but now hold jobs. WDYT?
    Posted by chelseamb11[/QUOTE]

    I'm just a casual lurker, but there are hundreds of jobs that felons aren't eligible to have, even after serving time.  <a href="http://www.cga.ct.gov/2005/rpt/2005-r-0311.htm" target="_blank" rel="nofollow">Here's</a> ( <--clicky) a list of jobs and licenses that are revoked if you are a felon, although I think it is state by state and not federal law. 

    And if she didn't report it, then yes she should be fired.
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  • Yeah, I'm with PPs.  If she did not list this on her job application, then that's the issue they have - they don't want to hire someone with a history of breaching trust.

    At the same time - it IS weird that it took five years for them to figure this shiit out.  Makes me wonder if there is something else going on here, kwim?

    At any rate, if she did lie on her job application, what does she expect?
    panther
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:cc56980e-33ee-4ff1-b34f-27f9912c4718">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Woman fired from job for crime committed 40 years ago : I'm just a casual lurker, but there are hundreds of jobs that felons aren't eligible to have, even after serving time.  Here's ( <--clicky) a list of jobs and licenses that are revoked if you are a felon, although I think it is state by state and not federal law.  And if she didn't report it, then yes she should be fired.
    Posted by MRads[/QUOTE]


    I didn't think shoplifting was a felony - isn't it a misdemeanor?
    panther
  • gundy21gundy21 member
    1000 Comments Third Anniversary

    I also live in WI.  I just ducked out to grab lunch, and the local talk radio station was discussing this.  Another Wells Fargo employee called in.  He was let go for a drunken theft of a sign that happened over 20 years ago (fines, no jail time).  He stated he disclosed it on his application (about 10 years ago) and was told not to worry about it.  Now he has been fired.

    Isn't there a limit as to how far back they can look?  Hard to believe that one poor judgement decades ago can come back to bite you in the butt even though you have learned your lesson and have had no issues since that one digression.

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  • The slip up in their background check 5 years ago could've been due to an honest error and I don't think that the policies of the bank should have to suffer and make an exception if there are federal regulations they have to follow. However, AATB you do make a good point. There are possibilities where she could prove this was just pretext for a discrimination claim, or something (if there was further evidence that we don't know about obviously). 
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  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:0340cec3-81d5-4538-bc72-59704d1e8b43">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]Yeah, I'm with PPs.  If she did not list this on her job application, then that's the issue they have - they don't want to hire someone with a history of breaching trust. At the same time - it IS weird that it took five years for them to figure this shiit out.  Makes me wonder if there is something else going on here, kwim? At any rate, if she did lie on her job application, what does she expect?
    Posted by AllAboutTheBenjamin[/QUOTE]

    I see where you're coming from about there being something else.  If she was an adult in the 70's there is a good chance she is at/close to a retirement age.  I wonder if there is a pension/ vested 401K issue.
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  • ErinG93ErinG93 member
    2500 Comments
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:f5b126e8-ebb3-44d7-a3ae-cc66d32b37c6">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : I didn't think shoplifting was a felony - isn't it a misdemeanor?
    Posted by AllAboutTheBenjamin[/QUOTE]<div>
    </div><div>Depends on the amount stolen, and the state. I think. I'm not a lawyer, so take that with a grain of salt.</div><div>
    </div>
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:3c93d221-167d-491c-9bcc-1d2c229328ef">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]Either way,<strong><u> Wells Fargo's insurance company needs to bond all employees with access to financial assets. If they can't bond her because of a prior conviction, then they can't continue to employ her.</u></strong>  A lot of applications only cover the last 7-10 years, but I would think that WF would go further than that because of their bonding requirements. 
    Posted by SarahPLiz[/QUOTE]

    Exactly
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  • I wouldn't use a bank, if I knew one of their tellers/employees had stolen in the past. I don't care how long ago it was.
  • AATB, I believe felony vs. misdemeanor charges are based on the value of what was stolen. 
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  • edited May 2012
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:4f716b2b-ef9d-4dcd-8ef6-2d366cf5287b">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : I see where you're coming from about there being something else.  If she was an adult in the 70's there is a good chance she is at/close to a retirement age. <strong> I wonder if there is a pension/ vested 401K issue.</strong>
    Posted by brandichamberlain[/QUOTE]

    Why would there be?  She still worked for the organization.  If she worked long enough to be fully vested, they have to give her those, they are federally protected benefits.
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  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:4f716b2b-ef9d-4dcd-8ef6-2d366cf5287b">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : I see where you're coming from about there being something else.  If she was an adult in the 70's there is a good chance she is at/close to a retirement age.  I wonder if there is a pension/ vested 401K issue.
    Posted by brandichamberlain[/QUOTE]

    That's what I was wondering.  They also don't have to pay her unemployment I think because she was terminated for something she did.

    And yeah Gundy, that is so strange to me. It seems like they're picking and choosing when to enforce that policy, which is crap IMO.

    That whole 5 years thing is too suspsicious for me.  I find it hard to believe they just re-run background checks on their employees. How did this even come up now?
  • Girlie is right. In WI, it is a misdemeanor if it is under $500. Anything above and it becomes a certain Class of felony depending on the amount. 
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  • edited May 2012
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:f0a963e8-8219-457a-b537-6011972e0290">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : Depends on the amount stolen, and the state. I think. I'm not a lawyer, so take that with a grain of salt.
    Posted by ErinG93[/QUOTE]


    Well I mean, obviously there's a difference between shoplifting a top or piece of costume jewelry and stealing a bunch of shiit from a jewelry store, or like, a car.  But to me, the term "shoplifting" implies something less, kwim?  As opposed to robbery or grand theft or whatever.

    But I also agree with Steph.  I don't want people who've stolen shiit working at my bank, either.
    panther
  • I think Sarah said it well.
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:7df88e1e-754d-4435-89b7-bceddc0b3780">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : Well I mean, obviously there's a difference between shoplifting a top or piece of costume jewelry and stealing a bunch of shiit from a jewelry store, or like, a car.  But to me, the term "shoplifting" implies something less, kwim?  As opposed to robbery or grand theft or whatever. But I also agree with Steph.  I don't want people who've stolen shiit working at my bank, either.
    Posted by AllAboutTheBenjamin[/QUOTE]

    <div>The statute I just looked up and referred to was regarding theft at a retail/merchandise location. </div>
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  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:f5b126e8-ebb3-44d7-a3ae-cc66d32b37c6">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : I didn't think shoplifting was a felony - isn't it a misdemeanor?
    Posted by AllAboutTheBenjamin[/QUOTE]
    If it's because of a bonding issue, it doesn't matter if it's felony or misdemeanor. In many cases, any conviction of theft, violence or dishonesty will exclude an employee from being eligible to be covered under their bond. In some positions, a person can obtain a bond on their own, but I think it's difficult and expensive to do. 
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  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:790050b4-8e4c-44db-8aa9-72fa483a90dc">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : If it's because of a bonding issue, it doesn't matter if it's felony or misdemeanor. In many cases, any conviction of theft, violence or dishonesty will exclude an employee from being eligible to be covered under their bond. In some positions, a person can obtain a bond on their own, but I think it's difficult and expensive to do. 
    Posted by dmiller9274[/QUOTE]

    <div>And probably not worth the expense just to keep a job as a phone customer service lady lol. </div>
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  • Someone commented on a local covering of the story:

    "I worked in that same building for WF and I know for a fact that theydo an FBI background check, fingerprint and get a drug test on every single person before they even offer a position."

    Idk how much we can take it because we can't prove they're telling the truth.. but personally, I think if WF was aware of her past and let her work 5 years despite it, they are wrong in firing her now.
  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_woman-fired-from-job-for-crime-committed-40-years-ago?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:28008407-ede0-4770-b30e-736ac4784e65Post:0f70a6c8-8a3b-4c5b-a470-e914efaa5ed0">Re: Woman fired from job for crime committed 40 years ago</a>:
    [QUOTE]In Response to Re: Woman fired from job for crime committed 40 years ago : That whole 5 years thing is too suspsicious for me.  I find it hard to believe they just re-run background checks on their employees. How did this even come up now?
    Posted by chelseamb11[/QUOTE]

    Really? I'd hope they're doing random checks.  Otherwise, I could get a job today. Go steal a bunch of shiit over the next 30 years and it wouldn't matter.
  • I still stand by my position that if the previous background check failed to show it because of an honest error, then I don't think it is wrong now. I definitely had to go through the same kind of procedure before I worked at the bank. Of course i didn't have anything to worry about though, lol. 
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