First offender status

[roscoe706]

What is the name of your state? Georgia

I went through three interviews and was introduced to higher management as a replacement for someone that was leaving at a publicly held company.

This was all verbal, so I know that it would not stand up anywhere.

Prior to receiving a written offer, HR called and told me that I was not being hired because of an old bad check conviction that I included on my application. At one point in the process before I was eliminated, I talked to this same HR person and asked him if he had read my application. He said "No., Uh, I mean yeah".

Now, I know I am pretty much screwed. They can refuse to hire me for any reason. But why put me through 3 interviews, tell me I have the job, and then back off citing something on my application?

The semi-good news is that I found out the judge gave me first offender status and I can petition to have this removed from my record without having to have it expunged. I didn't think anything of it because at my last job (that I had for 10 years), I included the conviction and nothing was said. Of course that was a software company in the go-go 90s.

I know I need to consult a lawyer about this next question. But from what I read on the states website, an employer cannot refuse employment based upon a first offender offense that has been adjudicated. Anybody know if this is the case?

Thanks for any help

 

[RedemptionMan]

What is the name of your state? Georgia

I went through three interviews and was introduced to higher management as a replacement for someone that was leaving at a publicly held company.

This was all verbal, so I know that it would not stand up anywhere.

Prior to receiving a written offer, HR called and told me that I was not being hired because of an old bad check conviction that I included on my application. At one point in the process before I was eliminated, I talked to this same HR person and asked him if he had read my application. He said "No., Uh, I mean yeah".

Now, I know I am pretty much screwed. They can refuse to hire me for any reason. But why put me through 3 interviews, tell me I have the job, and then back off citing something on my application?

The semi-good news is that I found out the judge gave me first offender status and I can petition to have this removed from my record without having to have it expunged. I didn't think anything of it because at my last job (that I had for 10 years), I included the conviction and nothing was said. Of course that was a software company in the go-go 90s.

I know I need to consult a lawyer about this next question. But from what I read on the states website, an employer cannot refuse employment based upon a first offender offense that has been adjudicated. Anybody know if this is the case?

Thanks for any help

Ever since 9-11 most, and I say most cause some do, employers will not touch you even if you have a upaid jaywalking arrest from 1988 on your record that was reported. If you have any sort of criminal record then they will just xnae you all together. If you get it removed through a legal process then it should not show up. This is a website with information on Georgia expungements for you to review.

http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/GA/GA-EXP.htm

It can suck cause I have friends that have lost thier jobs due to bankruptcies and they had worked for the company more than 5 years with no problems. It is all about information and money. Check with a lawyer or better yet the court to find out why it was not filed properly... good luck.....

 

[mlane58]

It can suck cause I have friends that have lost thier jobs due to bankruptcies and they had worked for the company more than 5 years with no problems.

Then yopur friends should have consulted an attorney as they were illegally terminated for having a bankruptcy under TITLE 11, CHAPTER 5, SUBCHAPTER II , § 525

 

[RedemptionMan]

Then yopur friends should have consulted an attorney as they were illegally terminated for having a bankruptcy under TITLE 11, CHAPTER 5, SUBCHAPTER II , § 525

Then the question becomes how hard is it to prove. In federal court they would have to prove beyond a doubt that it was this that lead to the firing. The CRAs that report this information from what I have read really do not care if they get sued or not. They feel like they are protecting the companies from negligent hiring lawsuits. In the end, the more CRAs have to pay for reporting inaccurate or outdated or wrong information then the better they will adhere to the FCRA....

 

[mlane58]

Then the question becomes how hard is it to prove. In federal court they would have to prove beyond a doubt that it was this that lead to the firing. The CRAs that report this information from what I have read really do not care if they get sued or not. They feel like they are protecting the companies from negligent hiring lawsuits. In the end, the more CRAs have to pay for reporting inaccurate or outdated or wrong information then the better they will adhere to the FCRA....

The employer had provide the employee with a copy of the report and a sum**** of their rights before the employer could take any adverse action based on the credit report.

 

[RedemptionMan]

Yes it is called FCRA... but it does not include that bankruptcy code that was just mentioned. Banks and some retail places (jewlery stores) can and do fire you for bad credit or bankruptcy....

 

[roscoe706]

What about the 3 interview thing?

Do I have any recourse for them wasting my time and then dismissing me for something I was up front with them about?

 

[cbg]

No. Even in a society as litigeous as this one has become, suing them for interviewing you is a little over the top.

 

[roscoe706]

Well, I agree with that statement. And I know that without a written offer I am pretty much out in the cold. But after being brought in for 3 interviews, verbally told I had the job, introduced to senior management, etc..., I feel it is disingenuous to then be told I am disqualified because of something I disclosed to them from the beginning. I would feel differently if they had cited a different reason.

And before you believe me to be somebody looking for a big payout from a lawsuit, all I want is the job that the hiring manager, his superiors and his peers thought I was extremely well qualified for.

 

[cbg]

to which you have no legal expectation. It doesn't matter how well qualified you are; no one owes you a job.

 

[roscoe706]

Having not had a run-in with an HR department before (aside from serving on a service directors board with them), I always wondered why HR types were so universally disliked and described as bitter.

I guess now I know.

 

[cbg]

You're entitled to your opinion. But I am only giving you the facts. It doesn't make any difference to me whether you get the job or not, but it is nonetheless true that no one owes it to you.

 

[roscoe706]

Yes cbg, and the sky is blue. Thank you for pointing out the obvious. I am well aware of where I stand.

But if the HR weenie had performed his job to correctly, why should my time have been wasted because he didn't bother to read the application before setting up these interviews?

 

[RedemptionMan]

Yes cbg, and the sky is blue. Thank you for pointing out the obvious. I am well aware of where I stand.

But if the HR weenie had performed his job to correctly, why should my time have been wasted because he didn't bother to read the application before setting up these interviews?

they hardly ever do. You may have disclosed it on the application but they are not going to worry about it unless it shows up in your background check.

 

[mlane58]

Having not had a run-in with an HR department before (aside from serving on a service directors board with them), I always wondered why HR types were so universally disliked and described as bitter.

What an Ass! you just didn't get the answer you wanted and so now every HR professional is disliked and bitter---With that attitude, its now wonder you didn't get the job.

And I know that without a written offer I am pretty much out in the cold.

That wouldn't have mattered, they could still have recinded that offer based on an unfavorable background check.

I feel it is disingenuous to then be told I am disqualified because of something I disclosed to them from the beginning. I would feel differently if they had cited a different reason.

Just like cbg tried to explain (which you apparently didn't like the answer) you are not entitled to any job, no matter how well qualified you are. Get rid of the entitlement attitude and maybe, just maybe your attitude along with your qualifications will land you your ideal position. But then again, I'm a dreamer.