background check

[wlaserinko]

What is the name of your state (only U.S. law)? New York


a company i have been working for on and off for four years has told me that i failed a background check. I was not getting consistent work so had to apply for unemployment. That is when they asked me to come in and fill out a new application. Upon completing this new application for a job already have they tell me my background check came back with issues. I had them send me a copy of the background check and no criminal record was found. What i did see was a summons from over ten years ago for a parking violation. It is quite obvious that the company is just playing a sick game. I need to know what my rights are and how to combat this particular issue. If anyone can help with advice i would greatly appreciate it. Companies should never be allowed to bully employees and i am sure there is some way i can fight this.

 

[FlyingRon]

You have no recourse. The company can fire you over Parking Tickets or even lesser issues.

 

[wlaserinko]

even if it was over ten years ago? and i had already been hired by this company since 2010. When i applied for unemployment is when they pulled this stunt. I have read that companies can only go back 7 years as well. It seems rather strange that a minor traffic infraction from over ten years ago will keep me from being hired by the same company that i already work for.

 

[LdiJ]

even if it was over ten years ago? and i had already been hired by this company since 2010. When i applied for unemployment is when they pulled this stunt. I have read that companies can only go back 7 years as well. It seems rather strange that a minor traffic infraction from over ten years ago will keep me from being hired by the same company that i already work for.

They are doing it to try to keep you from collecting unemployment...which is not going to work for them unless you roll over and play dead.

 

[wlaserinko]

They are doing it to try to keep you from collecting unemployment...which is not going to work for them unless you roll over and play dead.

Exactly. Now i need to find out what steps i can take to combat this issue. It is clear that the company is trying to pull a stunt here but i am unsure of what actions i should take.

 

[cbg]

Your available actions are to file for unemployment. That the employer thinks these antics will keep you from collecting does not mean they are correct.

However, regardless of their reasoning, the termination is legal and there is no law you can invoke that will force them to rehire you. The fact that the infraction was over 10 years ago means that you will likely prevail in an unemployment claim. It does not mean that they are somehow barred from using it as a reason to term you.

 

[wlaserinko]

Your available actions are to file for unemployment. That the employer thinks these antics will keep you from collecting does not mean they are correct.

However, regardless of their reasoning, the termination is legal and there is no law you can invoke that will force them to rehire you. The fact that the infraction was over 10 years ago means that you will likely prevail in an unemployment claim. It does not mean that they are somehow barred from using it as a reason to term you.

i appreciate your response and the others that have taken the time to assist me today. Thank you.

 

[commentator]

Let me see...you have filed a claim for unemployment benefits already, based on that you were working all the hours that they had available for you and it was still enough to qualify for unemployment, and then you have gone back to work full time, or not, what happened with your filing a claim? Was it approved or denied yet?

Now it sounds like these geniuses have come up with a reason to say, Oh, by the way, he's not working all the hours we have available for him, he has now failed a background check and we have fired him! They did have the right to do this, fire you, but for unemployment purposes, it probably won't help them.

Keep that claim going, if you have already been approved and are drawing weekly benefits and making weekly certifications, keep doing this. I don't know at what stage you are in your claims process right now. But they'll probably be re-contacting you soon, because I'm sure the employer has rushed to inform them of your "firing."

When they do contact you, of when you reopen the claim (as I said, I don't know exactly where you are in this process) be sure you inform the unemployment system of the new tactic, tell them that the company has decided to "fire you" since you filed for unemployment the first time, based on a parking violation from your past, the whole story. These things are not at all uncommon in unemployment situations.

If the employer's account is charged with your drawing, it causes their tax rates to rise, so many employers try all sorts of machinations to keep anyone from drawing benefits from them. But unless you, as someone said, "roll over" and don't appeal if your benefits are initially denied, or fail to answer if the unemployment system starts questioning you about the new situation, you'll be likely to prevail. In order to stop you from receiving unemployment benefits, the company must show they had a valid misconduct reason to terminate you. Suddenly requiring a background check after you'd been working for them for many month, and then deciding to fire you for this violation, unless you had been lying to them about it in the past or something, isn't going to be considered work related conduct.

It's like the thing of, 'Oh yes, when this no good filed a claim for unemployment against us, we suddenly decided we needed a background check, and when we ran it, we decided to fire him, though he's been working for us all this time and we were aware of it!'