Mugshot causing employment problems
February 2, 2013 11:01 AM Subscribe
A family member was told by a co-worker that the boss had come across his mugshot on line and there are thoughts of firing him. This family member is in his late teens and the job is part-time and entry level, but the mugshot may keep him from being hired anywhere else. Two main problems:
1. Should he be proactive at work about addressing this? Let the boss know that he's made some mistakes and is now in a program working on sobriety? This would be preemptive before they actively search for a replacement. It is always better to search for a job with a job than to try to get something when you've been fired. But it's tricky to address without outing the co-worker that gave the head's up. This is not a DUI, so DL not effected.
2. What to do about the mugshot, splayed over many different sites? Is there anything that works? I know there are many scams and paying each site to take them down runs in to way more money than he has. It sucks because the initial charge did not even stick.
1. Should he be proactive at work about addressing this? Let the boss know that he's made some mistakes and is now in a program working on sobriety? This would be preemptive before they actively search for a replacement. It is always better to search for a job with a job than to try to get something when you've been fired. But it's tricky to address without outing the co-worker that gave the head's up. This is not a DUI, so DL not effected.
2. What to do about the mugshot, splayed over many different sites? Is there anything that works? I know there are many scams and paying each site to take them down runs in to way more money than he has. It sucks because the initial charge did not even stick.
Start by getting official records of everything associated with the case. You say that the initial charge did not stick; get evidence of that if it contradicts what's on the internet. Get evidence of his enrollment in a program. Make this package look good and tell a convincing story of a minor mistake handled with maturity.
What he does with this depends on a few things.
- Did he lie on his job application? If so, time to confess and take charge.
- If there is no lie to address, is this relevant to his job? Again, take charge of the situation.
- If there's no lie and it's irrelevant to his job, sit tight, and address it if the issue is raised.
It's certainly more complicated than that, but without more information, my answer is fairly vague. I hope it's enough to get him started though. The goal is to provide actual evidence, not just assurances, that what he did and is doing will in no negative way impact his job performance.
posted by Capri at 11:17 AM on February 2, 2013
What he does with this depends on a few things.
- Did he lie on his job application? If so, time to confess and take charge.
- If there is no lie to address, is this relevant to his job? Again, take charge of the situation.
- If there's no lie and it's irrelevant to his job, sit tight, and address it if the issue is raised.
It's certainly more complicated than that, but without more information, my answer is fairly vague. I hope it's enough to get him started though. The goal is to provide actual evidence, not just assurances, that what he did and is doing will in no negative way impact his job performance.
posted by Capri at 11:17 AM on February 2, 2013
If I were him, I would do the best job possible so that I was a valuable employee. Hopefully, the boss won't fire him without at least having a conversation first. Was he asked about a criminal record when he applied for the job? How did he answer? And if wasn't convicted of a crime, the boss shouldn't the existence of a mug shot against him.
He should have his two-minute explanation ready should he be asked about it. Let him practice it with you. "Two years ago, I behaved foolishly and made some poor choices. I was arrested but not convicted, and I got myself together. I've stayed out of trouble, stayed sober, gotten a job. My life is stable now and I'm a dependable hard working person." Or something to that effect.
posted by shoesietart at 11:23 AM on February 2, 2013 [1 favorite]
He should have his two-minute explanation ready should he be asked about it. Let him practice it with you. "Two years ago, I behaved foolishly and made some poor choices. I was arrested but not convicted, and I got myself together. I've stayed out of trouble, stayed sober, gotten a job. My life is stable now and I'm a dependable hard working person." Or something to that effect.
posted by shoesietart at 11:23 AM on February 2, 2013 [1 favorite]
Depending on where you are, it may be a violation of the law to fire the simply for having a criminal record, and if he was adjuticated as a minor when the crime was committed, it may also be illegal for the mug shot to be public at all.
posted by rtha at 11:24 AM on February 2, 2013 [2 favorites]
posted by rtha at 11:24 AM on February 2, 2013 [2 favorites]
While it doesn't matter to me, Google Images for my name result in mugshots for someone else with the same name (I used Chrome's incognito mode to get results, although my location may influence the results you see).
If you take a look at how the images display, my images from Wordpress, Facebook, Twitter, Google Plus and LinkedIn display above the mugshot.
To bump the mugshots down, your family member could try posting his photo, tagged with his name, to a bunch of social media accounts and sites like Flickr, Photobucket, Fotopedia (that one is really good for search results) etc. Making a bunch of his Facebook photos public, tagged with his name, would be really good.
He could also create some more Facebook accounts with his name. It would take a bit of work, but over 3 months or so he could definitely push those images down.
posted by KokuRyu at 11:26 AM on February 2, 2013 [1 favorite]
If you take a look at how the images display, my images from Wordpress, Facebook, Twitter, Google Plus and LinkedIn display above the mugshot.
To bump the mugshots down, your family member could try posting his photo, tagged with his name, to a bunch of social media accounts and sites like Flickr, Photobucket, Fotopedia (that one is really good for search results) etc. Making a bunch of his Facebook photos public, tagged with his name, would be really good.
He could also create some more Facebook accounts with his name. It would take a bit of work, but over 3 months or so he could definitely push those images down.
posted by KokuRyu at 11:26 AM on February 2, 2013 [1 favorite]
I should say that there are some images that show up for my name because I posted using my name on a blog. So there are lots of strategies to use.
posted by KokuRyu at 11:28 AM on February 2, 2013
posted by KokuRyu at 11:28 AM on February 2, 2013
I agree with jenkinsEar. There really is no reason for him to bring it up "proactively" to his boss, and honestly no real reason to think that the mere existence of this photo online is going to get him fired.
It sounds from your question like this charge was either alcohol or drug related. The main reason bosses tend to look unfavorably on this sort of thing is that they don't want people coming to work drunk or high. It's a dangerous liability. If it's drug-related, they also don't some of the problems of drug addiction to find their way onto the job site, for instance theft.
So it might behoove your young family member to be extra super double sure to ROCK at his job in a very visible way. Everything by the book. On time every day. Never go to work hungover, or have wild break room stories about last night's hijinks. If the job involves cash handling or valuable inventory, the till is balanced TO THE PENNY every single night, not a single item is "lost" or "broken" or otherwise mysteriously unaccounted for. He needs to be a model employee and make sure it's clear that he's not some junkie who is going to be a liability to the company.
posted by Sara C. at 11:31 AM on February 2, 2013 [1 favorite]
It sounds from your question like this charge was either alcohol or drug related. The main reason bosses tend to look unfavorably on this sort of thing is that they don't want people coming to work drunk or high. It's a dangerous liability. If it's drug-related, they also don't some of the problems of drug addiction to find their way onto the job site, for instance theft.
So it might behoove your young family member to be extra super double sure to ROCK at his job in a very visible way. Everything by the book. On time every day. Never go to work hungover, or have wild break room stories about last night's hijinks. If the job involves cash handling or valuable inventory, the till is balanced TO THE PENNY every single night, not a single item is "lost" or "broken" or otherwise mysteriously unaccounted for. He needs to be a model employee and make sure it's clear that he's not some junkie who is going to be a liability to the company.
posted by Sara C. at 11:31 AM on February 2, 2013 [1 favorite]
Are you sure this coworker isn't trying to stir up unnecessary drama? Maybe the boss found it but has no intention of taking action. I agree with the above comments...family member should be a model employee and rock his job (and don't get caught up in any workplace drama), and also have evidence that the charge didn't stick. Have the info he wants to reveal about it rehearsed so thta if confronted he doestnt get visibly flustered and makes things worse...but also, dont sound like a robot. just practice having a difficult conversation (a good life skill to have anyway!) Evidence of being in a program is good to have, but I wouldn't reveal it unless it is absolutely necessary. This is entry level, and teens do stupid stuff so this may not have a huge impact as long as he can show that he no longer engages in that previous behavior.
posted by MultiFaceted at 11:40 AM on February 2, 2013 [1 favorite]
posted by MultiFaceted at 11:40 AM on February 2, 2013 [1 favorite]
The mug shot sites are a problem, I blogged about recently. Going through the process to remove your photo is a waste of time, because it is basically a scam. The best strategy, as detailed above, is to get enough good stuff out there under his name that it pushes the mug shot stuff to page 2 or 3 of Google.
posted by COD at 11:51 AM on February 2, 2013 [1 favorite]
posted by COD at 11:51 AM on February 2, 2013 [1 favorite]
My big advice: if he can, he should have a website, with his name as the .com or as close as possible, and an online resume up along with a LinkedIn profile. The more online profiles like this that he can personally control and, ideally, update frequently, the better odds are that when he is Googled by employers they'll find these sites over any others.
posted by Unsomnambulist at 11:55 AM on February 2, 2013
posted by Unsomnambulist at 11:55 AM on February 2, 2013
Question: if he is in his teens, didn't the mugshot happen while he was a minor? Plus he was't convicted? Is it legal to put the faces of even convicted minors anywhere?
posted by emjaybee at 12:04 PM on February 2, 2013
posted by emjaybee at 12:04 PM on February 2, 2013
In some jurisdictions, it may be illegal to take employment action against someone on the basis of an ARREST record (as opposed to a CONVICTION record). IANYL, but I remember reading a case in law school about a woman who was either denied a job or fired because she had been arrested (but not convicted), and in her state, an arrest (without a conviction) could not be the basis for adverse employment actions. It's important that you know your rights -- as established by your state -- in case someone acts in a way that violates those rights, particularly if you have something in your past (like an arrest) that might trigger such adverse action.
posted by devinemissk at 12:24 PM on February 2, 2013
posted by devinemissk at 12:24 PM on February 2, 2013
Under EEOC guidelines, it's legal to ask about arrests and convictions, but arrests or convictions may not be used as the sole reason to deny employment. State laws may offer further protection.
Now, the employer may not know this, and may terminate anyway, in which case your relative can file a discrimination claim.
However, lying on an application is a different matter and could be grounds for dismissal, even if an effort is made to correct the record.
Either way, sitting tight is probably not the best strategy. Your relative has already heard there's thoughts about terminating him. So I would suggest:
-- If he doesn't know whether the application asked about arrests, he should visit HR or the person who keeps those records and request to see his employment file. That should be permitted, no questions asked. Check the application and ascertain whether there is an arrest question.
-- If there is, and he lied, he should come clean immediately, request to make a correction, and be completely transparent about what happened, as outlined by others.
-- If there is, and he answered it truthfully, OR, if there was no arrest question, then be proactive: make an appointment with the boss, come clean, answer all questions, stress that there was no conviction, ask for understanding, etc. (But be ready, in case the boss talks termination anyway, with a printout of that EEOC page, questioning the basis for termination.)
I'm suggesting disclosure rather than waiting it out because once he is fired, going the EEOC route is going to take time, and even if it results in rehiring, things won't ever be the same. OTOH, coming clean scores points, earns respect, and if anything will make the boss more reluctant to fire him even over something unrelated.
posted by beagle at 12:54 PM on February 2, 2013
Now, the employer may not know this, and may terminate anyway, in which case your relative can file a discrimination claim.
However, lying on an application is a different matter and could be grounds for dismissal, even if an effort is made to correct the record.
Either way, sitting tight is probably not the best strategy. Your relative has already heard there's thoughts about terminating him. So I would suggest:
-- If he doesn't know whether the application asked about arrests, he should visit HR or the person who keeps those records and request to see his employment file. That should be permitted, no questions asked. Check the application and ascertain whether there is an arrest question.
-- If there is, and he lied, he should come clean immediately, request to make a correction, and be completely transparent about what happened, as outlined by others.
-- If there is, and he answered it truthfully, OR, if there was no arrest question, then be proactive: make an appointment with the boss, come clean, answer all questions, stress that there was no conviction, ask for understanding, etc. (But be ready, in case the boss talks termination anyway, with a printout of that EEOC page, questioning the basis for termination.)
I'm suggesting disclosure rather than waiting it out because once he is fired, going the EEOC route is going to take time, and even if it results in rehiring, things won't ever be the same. OTOH, coming clean scores points, earns respect, and if anything will make the boss more reluctant to fire him even over something unrelated.
posted by beagle at 12:54 PM on February 2, 2013
Mod note: From the OP:
This is my kid. When he was arrested I had the option of taking him in to parental custody, but he was consistently getting in to trouble and it seemed like a good idea to let him deal with the consequences. He's doing court ordered drug and alcohol treatment and testing which, when completed ends the county's interest in him - all charges dropped. This was a reasonable wake up call for him, he was getting in deep and starting to deal. I didn't count on the mugshot, of which there are at least 5 sites that are displaying it. And he has an unusual name.posted by restless_nomad (staff) at 1:13 PM on February 2, 2013
He only works a couple days a week due to school and I think there was an issue when he missed what turned out to be a week. He was sick with the flu from hell that was going around this year. So they may fire him because of that, which they can where we live. The mugshot adds fuel to the fire.
I guess I wish there was an answer to the mugshot problem, but it appears not. Sometimes the internet and freemarket suck.
While it may not be possible to get rid of the mugshot, you can easily push the mug shot down in the search rankings so it's less likely to get noticed. Have him comment on blogs in his field of interest using his real name. He could also tag pictures he's taken with his name on flickr or facebook. There are tons of article submission web sites out there, too. He could even write reviews for sites such as Yelp or Urbanspoon. Of course, you could do this too .... just flood the Internet with more positive instances of his name so that the negative results end up on the bottom of the pile.
posted by Ostara at 1:22 PM on February 2, 2013 [1 favorite]
posted by Ostara at 1:22 PM on February 2, 2013 [1 favorite]
OP, I would also keep in mind that casual jobs for kids are a dime a dozen, and turnover happens at warp speed. The mug shot may very well be a red herring, some bastards I've worked for in the past definitely fired people for being sick for a week, they fired people cause they just didn't like the look of them, a hundred other things.
By all means, pile up some google pages that will drown out those results, but if he loses this job, I would consider it another lesson about how bad choices made with little thought can have far-reaching consequences, and be confident that not every potential employer is going to act this way.
posted by smoke at 2:50 PM on February 2, 2013
By all means, pile up some google pages that will drown out those results, but if he loses this job, I would consider it another lesson about how bad choices made with little thought can have far-reaching consequences, and be confident that not every potential employer is going to act this way.
posted by smoke at 2:50 PM on February 2, 2013
If his boss has already come across a mug shot of him, then you're right, there's nothing that can be done to take that off his boss's radar. I agree wholeheartedly with previous advice for your son to be a model employee and to have a good response ready when it comes up, with supporting documentation as well.
Regardless, it is a good idea for your son to get those mug shots bumped as far down the google results display as possible. So I'd recommend following the above advice on how to do that, no matter what happens or doesn't happen at his current job.
posted by hootenatty at 3:35 PM on February 4, 2013
Regardless, it is a good idea for your son to get those mug shots bumped as far down the google results display as possible. So I'd recommend following the above advice on how to do that, no matter what happens or doesn't happen at his current job.
posted by hootenatty at 3:35 PM on February 4, 2013
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posted by jenkinsEar at 11:13 AM on February 2, 2013