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| Version | User | Scope of changes |
|---|---|---|
| Dec 9 2009, 7:53 PM EST | YouthLaw | |
| Dec 9 2009, 7:27 PM EST | YouthLaw |
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What if I left my previous employment on bad terms, and I do not want my potential employer to know? I have a criminal record, should I tell my employer? What is “Fresh Start”?
Do I have to answer about personal information in a job interview?
You only have to answer questions that are relevant to your potential employment. Questions about whether you have children or are gay, or example, are not relevant. Under the Human Rights Act, a person cannot refuse to employ you for these (and other) reasons. If they do, they may be breaching the Human Rights Act.
If you want more information on the reasons for which a person cannot refuse to employ you, you can also contact the Human Rights Commission:
Level 4 Tower Centre
45 Queen Street
PO Box 6751
Wellesley Street
Phone: (09) 309 0874
Fax: (09) 377 3593
Info line: 0800 496 877
Website: www.hrc.co.nz
What if I left my previous employment on bad terms, and I do not want my potential employer to know?
On the application form for a new job you may be asked to name some referees. This allows your potential employer to ask these people questions about your character and your record as an employee. If you do want old employer to be asked about you, the best way is not to name him/her as a referee. That means that your potential employer cannot get information about you from your old employer. If they do, you can complain to the Privacy Commissioner, (see above, Making a complaint). You may be asked who your last employer was. If you were fired or left because the situation was a bad one, it is up to you how frank you are with your potential employer. You can choose to tell them your side of the story. If you got advice from a lawyer or from a Community Law Centre and they believed you were unfairly dismissed, ask them for a letter which you can show your potential employer which says this.
I have a criminal record, should I tell my employer?
Employers do not always ask if you have a criminal record. It depends on what sort of work they are offering and their attitude to employing people with criminal records. If a potential employer asks about your previous convictions, you have to answer if the conviction is relevant to the job you are applying for. For example, if the job is at a supermarket, a conviction for dangerous driving may not be relevant, but one for theft will be. The supermarket wants to be able to trust you around its property. If you are asked about relevant convictions, do not try to cover up. If your employer finds out the truth, you may be dismissed.
For some jobs, such as a police officer, lawyer and teacher, you will have to show that you are “ of good character”. Part of this shows you have no previous convictions. They are considered to be relevant to these jobs. So, if you are asked about your record, even after you have started the job, you must answer truthfully. You might be dismissed if the truth came out later.
Key points to note are:
Fresh start can advise you whether an employer is registered with them and prepared to hire ex-offenders.
What is “Fresh Start”?
Fresh Start is a community-based charity that helps people with criminal convictions get jobs. You can contact them on:
PO Box 24-429
Royal Oak
Auckland
Phone: (09) 634 7630
Fax: (09) 634 2456
E-mail: mhharvey@xtra.co.nz
Do I have to answer about personal information in a job interview?
You only have to answer questions that are relevant to your potential employment. Questions about whether you have children or are gay, or example, are not relevant. Under the Human Rights Act, a person cannot refuse to employ you for these (and other) reasons. If they do, they may be breaching the Human Rights Act.
If you want more information on the reasons for which a person cannot refuse to employ you, you can also contact the Human Rights Commission:
Level 4 Tower Centre
45 Queen Street
PO Box 6751
Wellesley Street
Phone: (09) 309 0874
Fax: (09) 377 3593
Info line: 0800 496 877
Website: www.hrc.co.nz
What if I left my previous employment on bad terms, and I do not want my potential employer to know?
On the application form for a new job you may be asked to name some referees. This allows your potential employer to ask these people questions about your character and your record as an employee. If you do want old employer to be asked about you, the best way is not to name him/her as a referee. That means that your potential employer cannot get information about you from your old employer. If they do, you can complain to the Privacy Commissioner, (see above, Making a complaint). You may be asked who your last employer was. If you were fired or left because the situation was a bad one, it is up to you how frank you are with your potential employer. You can choose to tell them your side of the story. If you got advice from a lawyer or from a Community Law Centre and they believed you were unfairly dismissed, ask them for a letter which you can show your potential employer which says this.
I have a criminal record, should I tell my employer?
Employers do not always ask if you have a criminal record. It depends on what sort of work they are offering and their attitude to employing people with criminal records. If a potential employer asks about your previous convictions, you have to answer if the conviction is relevant to the job you are applying for. For example, if the job is at a supermarket, a conviction for dangerous driving may not be relevant, but one for theft will be. The supermarket wants to be able to trust you around its property. If you are asked about relevant convictions, do not try to cover up. If your employer finds out the truth, you may be dismissed.
For some jobs, such as a police officer, lawyer and teacher, you will have to show that you are “ of good character”. Part of this shows you have no previous convictions. They are considered to be relevant to these jobs. So, if you are asked about your record, even after you have started the job, you must answer truthfully. You might be dismissed if the truth came out later.
Key points to note are:
- In a letter or an interview sell your ability to do the job first. Then tell the employer about your criminal record.
- If you can take whanau support to your interview take someone who can talk about how you have changed since your conviction. If you are registered with Fresh Start, a Field Officer may be available to accompany you.
- It is better to let an employer know about your record before an interview, usually with a letter.
- If you have a Fresh Start registration card, show it to the employer.
- If you fill out an application form put the information about your record in a separate letter and mark the envelope, “Personal and Confidential”. Try to address this to the person doing the interviews or to the Human Resources Manager.
- The information you give should include: the offence, when it happened, how you were involved, and anything else that might explain your offence. You should also say how you have changed since that conviction.
- How you present the information is important. If you have several convictions try to group them together so that they look less like a list.(Information adopted from, “Straight for Work: Advice for Ex-offenders Seeking Jobs”, booklet, Fresh Start Inc).
Fresh start can advise you whether an employer is registered with them and prepared to hire ex-offenders.
What is “Fresh Start”?
Fresh Start is a community-based charity that helps people with criminal convictions get jobs. You can contact them on:
PO Box 24-429
Royal Oak
Auckland
Phone: (09) 634 7630
Fax: (09) 634 2456
E-mail: mhharvey@xtra.co.nz
