Employment practice for an FDIC insured institution

[Engineer1965]

I work for a property management company that oversees the electrical and mechanical infrastructure for a large financial institution. I have been working in support of that institution for the past 9 years. Recently, while applying for an access badge, I was told that since I had two "Hits" on my criminal investigation and that I am no longer qualified for access. I was charged with 2 felonies (13 years and 16 years ago) but was convicted of misdemeanors. Those misdemeanors would not show up on a normal background check because they have been expunged due to the age of the record. The reason that they did show up is that the background check was done by the FBI. The explanation to me was that it involves the FDIC requirements of employees of financial institutions. I looked on the FDIC website and found a section that address some of these issues but it also talks about a 10 year prohibition for employment. Can you please explain the FDIC-1000 Insurance Act 8-31-98 p.1291 section 19? What are my options?

 

[Scooter]

While I am a Financial Institutions lawyer, I only know that the Fed prohibits anyone working for a bank from being a convicted felon, 10 years or not.

I do not know about whether it applies to non-employess (e.g., vendors) with access to the facilities.

This may be a judgment call by the Bank, and they do have the right to give access to whoever they want to, and I would suspect this is not addressed by statute, nor is the Bank required to allow you access. In other words, the Bank is being overly cautious.

I suggest you hire a good labor lawyer who can research the appropriate statutes and regs and work with the Bank's internal security department to resolve the issue if possible.