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Wells Fargo Employee Fired over 40yr old ShopLifting charge


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58 replies to this topic

#1 beli

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Posted 07 May 2012 - 11:26 AM

http://bottomline.ms...ting-conviction

Quesada says she was a good employee, and has the pins, certificates and photos to prove it. But her supervisor walked her out the door last week after more than five years of service at Wells Fargo.

"I think there's more important things in life than something I did 40 years ago," Quesada says.

"I did do the crime and, you know, I had just come out of high school."

Quesada says she worked in phone customer service and never handled cash.

"We are bound by federal law that generally prohibits us from hiring or continuing the employment of any person who we know has a criminal record involving dishonesty or breach of trust," a spokesman for Wells Fargo told the Milwaukee Journal Sentinel.

Ps. please don't turn this political.

Edited by beli, 07 May 2012 - 11:36 AM.




#2 Tigz

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Posted 07 May 2012 - 11:32 AM

and................

They didn't do a background check when they hired her?

#3 beli

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Posted 07 May 2012 - 11:36 AM

and................

They didn't do a background check when they hired her?

That's what was wondering..

#4 angeleyeskkhr

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Posted 07 May 2012 - 12:55 PM

I'm wondering if she disclosed it on her application. If she didn't, that would be strike two.

#5 beli

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Posted 07 May 2012 - 01:47 PM

What I wanna know is where they are getting their information from since it's no longer even in our court system (at least on-line) I also want to know if they are holding everyone else including upper management/exectives to the same kind of standard.

#6 Tigz

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Posted 07 May 2012 - 04:36 PM

Unless someone is doing a full criminal history check (which costs money) I doubt it will be online.

My question is what lead them to do a criminal history check after she had been an employee for 5 years.

#7 beli

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Posted 07 May 2012 - 05:55 PM

Unless someone is doing a full criminal history check (which costs money) I doubt it will be online.

My question is what lead them to do a criminal history check after she had been an employee for 5 years.

http://m.jsonline.com/topstories/150316185.htm

According to this article "On Friday, company spokesman Jim Hines said, "Due to legal requirements and changes in the regulatory environment, Wells Fargo Home Mortgage has been performing a thorough background check on all mortgage team members that includes a fingerprint check with the Federal Bureau of Investigation since 2010 on new employees, and on existing employees since last year."

Like I said.. I want to see if they've terminated every single employee has a criminal past. even as minor as this.

#8 Tigz

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Posted 07 May 2012 - 06:02 PM

Records as minors don't count. Once they have hit 18, it is a clean slate. (unless of course, they were tried as adults)

#9 beli

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Posted 07 May 2012 - 06:08 PM

Records as minors don't count. Once they have hit 18, it is a clean slate. (unless of course, they were tried as adults)

Well the article states she was 18... when it happened... but still should it count against her if the conviction has nothing to do with her job, and it was two decades ago?

Edited by beli, 07 May 2012 - 06:08 PM.


#10 angeleyeskkhr

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Posted 07 May 2012 - 06:16 PM

Theft is theft.

#11 Doodah

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Posted 07 May 2012 - 06:40 PM

Theft is theft.

Shoplifting and/or petit theft fail to qualify as a Breach of Trust or dishonesty crime.

#12 angeleyeskkhr

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Posted 07 May 2012 - 07:00 PM

Apparently not under these new rules. And here we don't have "shoplifting"

It is theft of property with various ranges (ie $50-500, etc).

#13 angeleyeskkhr

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Posted 07 May 2012 - 07:01 PM

Here=Texas

#14 MarvBear

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Posted 07 May 2012 - 07:14 PM

What I wanna know is where they are getting their information from since it's no longer even in our court system (at least on-line) I also want to know if they are holding everyone else including upper management/exectives to the same kind of standard.



I always use a national criminal database, which costs money, and goes back much much further than 7 or 10 0r 15 years.

#15 Doodah

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Posted 07 May 2012 - 07:54 PM

Apparently not under these new rules. And here we don't have "shoplifting"

It is theft of property with various ranges (ie $50-500, etc).

How did Texas get in the mix? The woman lives and worked in Wisconsin. And, the "new" banking laws do not prohibit banks from hiring individuals with petty crimes.

#16 angeleyeskkhr

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Posted 07 May 2012 - 08:09 PM

I was using that as my reference point for saying theft is theft.

But apparently, according to the bank, the new rules appear to operate under the same thinking.

#17 angeleyeskkhr

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Posted 07 May 2012 - 08:12 PM

Doodah, there were two convictions, one involving a YEAR probation. What exactly is "petty" crime in that state?

#18 Doodah

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Posted 07 May 2012 - 08:18 PM

Doodah, there were two convictions, one involving a YEAR probation. What exactly is "petty" crime in that state?

misdemeanor theft, misdemeanor drug possession, dui, etc.

#19 TrevorHere

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Posted 07 May 2012 - 08:20 PM

Apparently not under these new rules. And here we don't have "shoplifting"

It is theft of property with various ranges (ie $50-500, etc).


Texas doesn't play games...

#20 Doodah

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Posted 07 May 2012 - 08:33 PM

http://www.fdic.gov/.../5000-1300.html

http://www.forc.org/...14-ed2-art5.pdf

Edited by Doodah, 07 May 2012 - 08:34 PM.


#21 beli

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Posted 07 May 2012 - 08:43 PM

http://www.fdic.gov/regulations/laws/rules/5000-1300.html

http://www.forc.org/...14-ed2-art5.pdf

Sounds like according to this:
(5) De minimis Offenses. Approval is automatically granted and an application will not be required where the covered offense is considered de minimis, because it meets all of the following criteria:

• There is only one conviction or program entry of record for a covered offense;

• The offense was punishable by imprisonment for a term of one year or less and/or a fine of $1,000 or less, and the individual did not serve time in jail;

• The conviction or program was entered at least five years prior to the date an application would otherwise be required; and

• The offense did not involve an insured depository institution or insured credit union.

A conviction or program entry of record based on the writing of a “bad” or insufficient funds check(s) shall be considered a de minimis offense under this provision even if it involved an insured depository institution or insured credit union if the following applies:

• All other requirements of the de minimis offense provisions are met;

• The aggregate total face value of the bad or insufficient funds check(s) cited in the conviction was $1000 or less; and

• No insured depository institution or insured credit union was a payee on any of the bad or insufficient funds checks that were the basis of the conviction.

Any person who meets the foregoing criteria shall be covered by a fidelity bond to the same extent as others in similar positions, and shall disclose the presence of the conviction or program entry to all insured institutions in the affairs of which he or she intends to participate.

She would have been fine?

#22 Doodah

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Posted 07 May 2012 - 08:51 PM

Beli, you lost me completely.

#23 angeleyeskkhr

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Posted 07 May 2012 - 08:53 PM


Doodah, there were two convictions, one involving a YEAR probation. What exactly is "petty" crime in that state?

misdemeanor theft, misdemeanor drug possession, dui, etc.

that is ridiculous. ALL misdemeanors are "petty"?!?!

That would be like me getting arrested for a misdemeanor and crying boohoo when I got fired because I could no longer run criminal histories.

#24 angeleyeskkhr

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Posted 07 May 2012 - 08:54 PM

Beli no, she would not be fine. She had TWO convictions, therefore she could not meet ALL requirements.

#25 Doodah

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Posted 07 May 2012 - 09:05 PM



Doodah, there were two convictions, one involving a YEAR probation. What exactly is "petty" crime in that state?

misdemeanor theft, misdemeanor drug possession, dui, etc.

that is ridiculous. ALL misdemeanors are "petty"?!?!

That would be like me getting arrested for a misdemeanor and crying boohoo when I got fired because I could no longer run criminal histories.

Point to where I said all misdemeanors are petty. Besides, I don't make the rules. Read case law. BTW, you can get arrested for a misdemeanor and still have access to criminal history data base.

Edited by Doodah, 07 May 2012 - 09:15 PM.





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