Submitted by Tangy_77 t3_11byxns in Washington
Hello, My colleague was arrested on false accusations and was not pressed any charge and was not convicted but since Microsoft has some policy to do background check every year so was wondering how this false accusation can hamper his employment and since he is an international student will this affected his h1b application?
Odds are he wont get fired from Microsoft for just being arrested but some employers can and do check for that and it is a valid reason to terminate employment.
Honestly, if this person is worried about it, and especially with the visa complication, it may be worth at least having a consultation with an employment lawyer.
Yes, at-will means they don't have to have a reason to fire an employee. But the employer still has to follow their own rules and procedures, and there are lots of protected reasons why they can't fire someone. An employer as large as Microsoft is going to have extensive and comprehensive policies.
This is a question for a professional though, not something you're going to get reliable help from reddit on.
But the reason, if they are smart, will be 'We decided to go in a different direction.'
Being that it’s Microsoft, I’m sure they will be.
How come u know Microsoft won't fire him? Many people are commenting they can fire him
Can =/= will, usually only super high security military contractors care about that type of criminal history
Unless there was a conviction there won't be anything to show up on a standard background check. They might find something if they search social media for newspaper reports for arrests. Does Microsoft do that on a routine basis? I dont know.
Context: former Microsoft FTE on an H-1b visa.
I'm not sure a simple arrest will even turn up in a background check if charges were never filed. Microsoft shouldn't see it.
Even if Microsoft says they can, I doubt they are re-checking background yearly. And even if they do, they don't necessarily care about every possible crime. It's unlikely they'd take an H-1b for any role with a higher security standard anyways.
An arrest DOES matter for immigration, and they will have to declare it at their next filing. But this isn't a deal breaker. They have the opportunity to explain, and make an argument that they are of good moral character. If charges were not filed, it should be easy enough to explain away.
Something to consider as well is what type of charges they were. if it’s something that could bring bad press to Microsoft or look bad for them, or if the charges are related to a potential risk for them to continue employment (like theft, embezzlement, or violent crimes) they may be more likely to fire someone.
My colleague was accused of false accusation his roommate attacked him first then later on he only called the police stating that my colleague attacked him first which was false do u think such dismissed misdemeanor charges Microsoft can fire him ?
Thank you
I don't think so wondering if dismissed misdemeanor charge can hamper his job
True that
Probably going to come down to a judgment call by the HR department. And what the arrest was for...charge dismissed does not necessarily mean not guilty.
Lawyer time
Exactly! My spouse said the same thing.
Background checks show convictions on your criminal record. As far as I know an arrest that didn't result in a conviction would never be found in a criminal background check done for employment purposes.
I'd highly suggest to talk to a lawyer to get this false claim removed. If this does go on their record yes it can have serious consequences. This will severly restrict their employment opporunities.
I had a friend do a big crime shortly after high school. They were for ever stuck with fast food jobs after that. If it weren't for online application development he probably never would of been able to get out of that. You can freelance.
I thought Seattle or King County had a ban the box law?
The box is usually "have you been convicted of a crime?" on a standard application. I don't think any ban the box laws prevent an employer from doing a full background check once the person has an offer, especially if the role is deemed sensitive in any way.
Sir/ma'am since u are working for Microsoft I want to know is that true that Microsoft does yearly background check?
I wasn't in HR so I can't know for sure if they did or not. But if they ever checked my background in the 11 years I was there, they certainly didn't tell me about it.
My friends supporting government contracts all needed US security clearance anyways, which is constantly checking up on you in extreme detail.
No he is not working for any government projects since he is not a citizen
Synasaur t1_ja0oyzk wrote
Washington is an at will state. They can fire you because they don’t like your shirt color. Why they did it is anyone’s guess. Your colleague can request a reason for termination in writing and the company is obligated to provide one.
I have no insight on your second question.