J
jdavis
Guest
I recently accepted a positon with a new company. of course, I resigned from my previous company after 7 plus years of EXEMPLARY service. I received my offer of employment on may 31, 2001. I returned my acceptance on June 4,2001. I also formally resigned on the same day. after repeatedly contacting the new employer, a date was scheduled for "paperwork processing!" that date was june 26th. now initially my acceptance letter confirmed june 25th as my start date, but my acceptance letter explained that I had accumulated substantial vacation time, and needed to give my previous employ 4 weeks notice, therefore I would like to start july 2nd. when I arrive june 26th for processing, I was told that I needed several things that I didn't have. 1. proof of degree (could provide transcripts, as well as alumni references and proof)
2. state issued ID (as per I-9 requirements via US govt) we verbally agreed that I could go to the NY state DMV for this, but I wouldn't be able to obtain a "Photo" ID for a few weeks because NY state doesn't give out the photo ID immediately. (Note the Federal guidelines require a "state issued Id , provided it have a photograph OR proof of residence, etc.., this is all listed on the govt website re: I-9 forms) also the new employer had an understanding on june 26th that while I would go to DMV to secure the necesarry documentation, that the actual photo copy would not be received for 2-5 weeks according to NYS own guidelines! they agreed!) also there was a medical form that I had to have completed, that I was not made aware of until 6/26/01 the day of processing! Also the employer was DEMANDING direct deposit, which is not allowed in NYS. there must be an agreement between employer, employee and employer's bank. it can NOT be mandatory, as per NYS dept of labor, bureau and standards)!
well I went through all the procedures, mind you I resigned from my old company,( but luckily, the insurance covered me for the complete physical,) and that info won't be complete until wednesday 7/11/01. I secured an interin NYS ID which conforms with the federal I-9 requirements for employment(while no picture, it establishes the other requirements for Identity)
I contacted the employer today to let them know the progress, and they told me, "hey, we agreed on a photo ID, which I responed, NO WE DID NOT!!your personnel director even stated that it would only be "the card" minus photo)
the employer resicinded the offer of employment. I asked her(the ceo) "are you formally rescinding your offer of employment which I have in writing?" she stated, "of course!"
I did NOT agree to this, and stated that I don't rescind my acceptance!"
where do we go from here? can I sue this employer, based on the fact that I was offered employment, then it was rescinded based on the companies "misintereptation" of the appropriate documentation? what? I feel wronged here. I followed the company's requests, and they had plenty of time to let me know their REQUIREMENTS ( i accepted june 4th, resigned effective june 29th, and during that time, the new company NEVER contacted me for the paperwork process!!!!!. I had to contact them, and I was NEVER informed of their requirements, until june 26th, thereafter, we agreed as to how this situation would be conducted, and even then, when I conformed and got the "legally" required documentation, plus the physical(which I was not informed of until june 26th) and I was willing to open a bank acct, although NYS doesn't require it. moreover, I filled my tax forms out EXEMPT, and the employer would not allow me to do this! although the law states that ME and only ME as the employee has the right to determine my status ( as per the IRS)
I feel as though I have been wronged! that somehow I have recourse. this employer is not following the law as it is written! requests that have been made, violate my rights (e.g. direct deposit, filing of tax forms)and now, I have proper ID and I am told that it is not sufficient!?
CAN ANYBODY HELP ME???? should I sue? what can I do?
thanks
john
[Edited by jdavis on 07-09-2001 at 10:49 PM]
2. state issued ID (as per I-9 requirements via US govt) we verbally agreed that I could go to the NY state DMV for this, but I wouldn't be able to obtain a "Photo" ID for a few weeks because NY state doesn't give out the photo ID immediately. (Note the Federal guidelines require a "state issued Id , provided it have a photograph OR proof of residence, etc.., this is all listed on the govt website re: I-9 forms) also the new employer had an understanding on june 26th that while I would go to DMV to secure the necesarry documentation, that the actual photo copy would not be received for 2-5 weeks according to NYS own guidelines! they agreed!) also there was a medical form that I had to have completed, that I was not made aware of until 6/26/01 the day of processing! Also the employer was DEMANDING direct deposit, which is not allowed in NYS. there must be an agreement between employer, employee and employer's bank. it can NOT be mandatory, as per NYS dept of labor, bureau and standards)!
well I went through all the procedures, mind you I resigned from my old company,( but luckily, the insurance covered me for the complete physical,) and that info won't be complete until wednesday 7/11/01. I secured an interin NYS ID which conforms with the federal I-9 requirements for employment(while no picture, it establishes the other requirements for Identity)
I contacted the employer today to let them know the progress, and they told me, "hey, we agreed on a photo ID, which I responed, NO WE DID NOT!!your personnel director even stated that it would only be "the card" minus photo)
the employer resicinded the offer of employment. I asked her(the ceo) "are you formally rescinding your offer of employment which I have in writing?" she stated, "of course!"
I did NOT agree to this, and stated that I don't rescind my acceptance!"
where do we go from here? can I sue this employer, based on the fact that I was offered employment, then it was rescinded based on the companies "misintereptation" of the appropriate documentation? what? I feel wronged here. I followed the company's requests, and they had plenty of time to let me know their REQUIREMENTS ( i accepted june 4th, resigned effective june 29th, and during that time, the new company NEVER contacted me for the paperwork process!!!!!. I had to contact them, and I was NEVER informed of their requirements, until june 26th, thereafter, we agreed as to how this situation would be conducted, and even then, when I conformed and got the "legally" required documentation, plus the physical(which I was not informed of until june 26th) and I was willing to open a bank acct, although NYS doesn't require it. moreover, I filled my tax forms out EXEMPT, and the employer would not allow me to do this! although the law states that ME and only ME as the employee has the right to determine my status ( as per the IRS)
I feel as though I have been wronged! that somehow I have recourse. this employer is not following the law as it is written! requests that have been made, violate my rights (e.g. direct deposit, filing of tax forms)and now, I have proper ID and I am told that it is not sufficient!?
CAN ANYBODY HELP ME???? should I sue? what can I do?
thanks
john
[Edited by jdavis on 07-09-2001 at 10:49 PM]