Denied Employment

[Jillian483]

Illinois.
This is kind of and odd question but here goes. I thought that as long as a person has an honorable discharge from the military that an employer cannot take their servise history into account. My sister got an honorable but had an Article 15 during her enlistment. When she went down to apply at a job they were promising her that she would get hired. She went to two interviews and an orientation. The company had set up a date for her to start working and then called her and told her that they were not going to hire her. My sister is thinking that when they pulled up her military record they saw the Article 15 and deined her because of that. She is very qualified for the job and this is the only reason that we can think of as to why they denied her. Can they take her Article 15 into account if she still received an Honorable discharge?

 

[BelizeBreeze]

You thought wrong. On two issues. A company can refuse to hire her for any NON PROTECTED reason (sex, national origin...etc) and how do you (and she) KNOW that the company based their decision on the Article 15?

Are you psychic? They could have decided not to hire her because they are downsizing, because the budget they were expecting didn't materialize or because she farted in the interview.

 

[Jillian483]

True but you would have to see how they were in the interviews. Our dad is an accountant in this town and knows a lot of the people here. He gave us names of some of the pit bosses there and they even came down and talked to the hiring office and gave her a good praise. The way that they were acting goes to say that she was going to be hired. This was a casino. She had signed all of the paperwork for getting hired and even signed a contract. She had a work schedule set up for her to start working and everything. So basically she was hired and then fired without even getting to work a day. This is not a budjet thing. The job that needed to be filled had been vacant for a while and they have been hunting for someone to fill it for a while. She is not planning to do anything I was just wondering. If this were to happen in the future it would be nice to know.

 

[Beth3]

Unless this company is a government supplier or she needed security clearance for this job, I very much doubt they obtained her military record. Several other possibilities are far more likely:

1. A more qualified candidate presented him/herself late in the recruiting process.
2. The employer instituted a hiring freeze or decided to cancel this opening due to internal business considerations (a customer cancelling their business, budget considerations, the hiring manager failed to obtain all the necessary approvals, etc.)

 

[Jillian483]

Unless this company is a government supplier or she needed security clearance for this job, I very much doubt they obtained her military record. Several other possibilities are far more likely:

1. A more qualified candidate presented him/herself late in the recruiting process.
2. The employer instituted a hiring freeze or decided to cancel this opening due to internal business considerations (a customer cancelling their business, budget considerations, the hiring manager failed to obtain all the necessary approvals, etc.)

It is a casino

 

[cbg]

Jillian, for the record, I have been hiring people and doing the background/references checks for a great many years and I have NEVER requested anyone's military record; nor do I know of any employer who has. It is simply not relevant information for most jobs and not many employers are going to waste their time and money (you didn't think you could pull someone's records for free, did you?) collecting information they don't need.

The reasons Beth listed as possibilities are, frankly, much more viable reasons even in the circumstances you suggest, than that they decided to pull her military record all of a sudden and cancelled her employment on the strength of it.

 

[BelizeBreeze]

Being a casino, there could have been a very good reason for obtaining the DD-214 and any relevant past disciplinary records ....it's called state gaming license.

I tend however, to think that this was not the case and that the responses you received are correct based on the facts presented.