[Anonymous]

Curious if you had an arrest on your record say for protesting the Dakota Pipeline, do you think it will affect your chances at obtaining or keeping a job in our profession?

[Spartans92]

I hope not and I dont think so. Like come on thats our personal belief and we are just passionate about politics.. I dont think companies should hold that against anyone but if it were a criminal record or something more serious then that's a diff story. I would hope it says on your record that it was for protesting or something.

BEC- PASS

[Missy]

It very well might. Employers have a lot more leeway than most people think they do, and even your Facebook page can be held against you. There are too many misconceptions about what an employer can and can't do. For example some people think they “can't” give a bad reference. They can, if it's factual and can be backed up (I.e. Jimmy was always late if there are records to prove that). Most employers DON'T because it's not worth it.

Licensed Massachusetts Non Reporting CPA since 2012
Finance/Admin/HR Manager

[Anonymous]

If I was the one receiving the background check and making the decision, then in my personal view, it would depend on what the protest was for and what the charges were. Generally, there's a LOT of warning before arrests are made, and at the time they're arrested, they're breaking the law. So, I'd want to see that there was a logical reason behind the protest and the person deciding to stay till arrested, not just someone caught up in wanting to be part of the movement etc. How do you tell? Well, that gets down to each employer's personal judgement, and may or may not be right.

If I was building a career, I wouldn't get arrested at a protest unless it was something I absolutely HAD to stand by based on personal convictions, and knew for certain I was doing what *I* truly believed, not just what was popular at the time.

[tcheney3]

For one unless it's a Big 4 firm or another company with a detailed background check, how would they ever even know? Most companies don't even ask you to disclose such information. Second, it's a misdemeanor so it shouldn't be held against you.

If I were a hiring manager it would make me more likely to hire you that you stand up for your beliefs and are willing to take action.

BEC - 82
REG - 86
FAR - 85
AUD - 84 and I'm out!!!!!
Ethics - 95
In Skynet's Honor:
Act I: Shutdown Skynet and prevent Judgment Day.
Act II: Add a comma and three letters to my title.
Act III: Time Travel and marry a young Denise Richards (and prevent subsequent plastic surgery),return to present.
Act IV: Serve as Successor to Elon Musk as CEO of Tesla.
Act V: Ensure Judgment Day has been stopped. Utopia achieved.

[Track55]

I would not hire/interview anyone who had been arrested, whether they took the Democratic stance or the Republican stance.

AUD - 74, 99 !!
REG - 74, 92
BEC - 83
FAR - 73, 86

Studying for Ethics exam

California candidate
Business and Industry

[mitchvols]

If you are peacefully protesting, you won't be arrested. So if you are protesting and get arrested, you are probably at least threatening someone or destroying somebody's property. So if I was hiring, it would definitely count against you. So I probably wouldn't hire you.

[SaveBandit]

I'd hear you out. Cops certainly aren't infallible. But a lot of employers may not want to take that chance.

4 for 4

FAR 85
AUD 94
BEC 86
REG 90

[Missy]

Tcheney you'd be surprised how much information can be and is gathered outside a formal background check. Most working adults spend at least part of their day either during or outside of working hours on social media. We have no expectation of privacy on the internet so if you're even peacefully protesting and a friend tags you in their Facebook picture from the protest that's all it takes. Some companies even ask their hr to research candidate or employee social media footprint so it's a good idea to view your internet presence from the perspective of an employer. Usually an employer won't even give a reason to terminate, rescind an offer, or not make an offer in the first place so the employee has no clue the actual reason. The only time it's a legal issue us if it can be proven (unlikely) to be discriminatory like they only check the Facebook of black candidates or use the protest as an excuse not to hire women but hire men who were at the same protest.

Licensed Massachusetts Non Reporting CPA since 2012
Finance/Admin/HR Manager

[isoceles]

It also depends on the nature of the crime. For example, there are those that are charged with felonies after the inauguration protests. That would absolutely be flagged.

I would be very concerned with having anything like that on my record. Especially with larger companies, they aren't going to want to take any risks. Personally as an employer it would be a red flag for me.

[Missy]

Here's just one example, like a peaceful protester she was doing something she absolutely had the “right” to do, but if your employer doesn't think it presents a good image, it's bye bye. https://www.georgianewsday.com/news/61845-teacher-ashley-payne-fired-for-posting-picture-of-herself-holding-beer-on-facebook.html

Licensed Massachusetts Non Reporting CPA since 2012
Finance/Admin/HR Manager

[Anonymous]

What liability does the employer have if they hire someone with an arrest record? Liability of a bad reputation? Liability of them getting arrested again and missing work?

[isoceles]

I think there are a couple issues. One is that if the employee goes on to do something bad, one could say the employer was aware of a history of conflict but hired them any way. Second, if you have a large pool of applicants, it's much easier for the recruiter to just choose another one with the same qualifications but no blemishes. Third, at some companies in certain fields (e.g. healthcare), it's company policy to just put a complete block on those with certain levels of trouble in their background.

I'm not saying any of this is specific to protesting the pipeline, I'm just sharing what I've seen.

[Missy]

As isoceles said it's a lot of things. In the link I posted it was a school teacher and a parent who got rattled by *gasp* an adult drinking alcohol while on vacation in Europe. I mean come on, sometimes it's just image/public perception. But the bottom line is most states are at will employment states so you don't have a “right” to much of anything job wise.

Licensed Massachusetts Non Reporting CPA since 2012
Finance/Admin/HR Manager

[Anonymous]

Hmm interesting. I have been studying REG and researching the principal-agent (employer-employee) relationship more in depth than the material covers to see if I can find the answer. I wonder what the real liability is? This stuff is much more convoluted in real life/practice (or maybe I'm over-thinking).

[Trele6]

I'd absolutely hold it against the candidate. If you are arrested you were breaking the law, and showed a complete disregard for it. I would lose all trust in you at that point that you could maintain composure. Protesting, and being arrested while protesting are two COMPLETELY different things. Millions of people have protested and will protest without ever getting arrested. If you get arrested you crossed the line and I wouldn't want that at my place of business.

Virtually all companies do a background check, especially for accounting because of the ethics laws and good standing requirements. It would show up.

That person in my mind just threw their career away. Maybe McDonalds would hire them.

First go at the CPA! Only using Becker
Reg / Nov 2015 - 87
Far / Apr 2016 - 79
Bec / May 2016 - 80
Aud / Aug 2016

[Author]

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