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Hiring Process: Hire Date Issue

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tobiaszcj

Junior Member
What is the name of your state? North Dakota
I was wondering if someone can help me out here, my hire date was supposed to reflect Dec 21, 06, as promised by the employer. My hire date ended up being Jan 31, 07. The company has a stated policy on the Application for Employment, which states that if you are training, you are not considered an employee. All of us new hires at the company were promised and lead to believe that Dec 21 was the date of hire for all new hires and Dec 20 for all former employees. Some employees did indeed process as Dec 21 new hires, but some of us did not. I was recorded as Jan 31, so I was not able to start benefits a month and a half later, which I did not accept as of yet. I contacted the company many times, I had a conference call with all the upper management folks, and the result was basically that they are not able to change back my hire date, due to the clearance date. They are saying that the clearance date is basically your hire date, however this does not correspond with their policies, and I asked them to explain why their "verbal policies" do not follow their stated policies. I pulled up the company's Application for Employment and it clearly states that "Applicants are not considered employees while in training and therefore are not compensated as such. Applicants must succefully complete new hire training in order to be considered as candidates for employment. While successful completion of new hire training is a prerequisite of employment, it ultimately does not guarantee the candidate a job with the company." According to the established policies, every person would agree that these policies have not been followed nor reinforced during the hiring process, seeing as most new hires were listed with a hire date of 12/21. According to the statement above, no one should have been cleared as an employee by 12/21. WE ALL STARTED TRAINING ON DEC 21!!!!!The company registered me for their 401K, guess what date? DEC 21. This is a joke, and they are not responding to my e-mails anymore, I am lost. I told them that I would seek legal help, however they do not seem to care. They are saying that they have reviewed all other employees paperwork, and everything is fine with it! Period. Any advice would be appreciated, I really need a lawyer to get my hire date changed back. I am working for an airline, and the hire date is your seniority date, so it is a BIG DEAL! By the way, I did sign the Application for Employment, so I did agree to the policies. WHO REALLY READS THE FINE PRINT???RIGHT??!!! If an employers tells you that you hire date is going to be Dec. 21, and instructs you to put it on your application, is this not considered a breach of an "implied contract"? I do not believe that it is legal to process some employees in one way, and others in another way. ANY HELP WOULD BE APPRECIATED! THANKS!What is the name of your state?
 


pattytx

Senior Member
Can you please edit your post to add some white space? My eyes went buggy trying to read that huge block o' text.
 

mlane58

Senior Member
I am lost. I told them that I would seek legal help, however they do not seem to care.
For what? They haven't done anything illegal. If you are a member of the union then bring it to the attention of them.
 

tobiaszcj

Junior Member
Not a memeber of a union

I am not a member of a union. No wonder this site is called freeadvice, the responses here reflect that very much so. I plan to consult an attorney regarding this, the advice provided here is pathetic, and it seems like you folks have no experience in employment law, particularly regarding employee rights during the hiring process. The company clearly violated my rights as an employee during the hiring process by promising me things that they are not holding up to. The month in a half is a big deal, because I was not able to start my benefits (e.g. health insurance etc.) on time as promised. Think about it and do not be so naive. And the comment about the white space, give me a break. best regards. I am going to refrain from using this type of site. It is clearly a joke site.
 

ecmst12

Senior Member
If you want people to read your story and give you advice, you should make it easy for them to read.

I do not believe you have a very good understanding of your rights. Your rights were not violated. Your company's policy of not considering someone an employee until they complete training is not illegal, as long as they are paying you at least minimum wage during the training period, and reporting your earnings correctly to the IRS. It is not even illegal for them to apply this policy inconsistently, unless there is evidence that you were discriminated against because of a protected characteristic such as race or religion. An attorney will tell you the same thing.
 

moburkes

Senior Member
I am not a member of a union. No wonder this site is called freeadvice, the responses here reflect that very much so. I plan to consult an attorney regarding this, the advice provided here is pathetic, and it seems like you folks have no experience in employment law, particularly regarding employee rights during the hiring process. The company clearly violated my rights as an employee during the hiring process by promising me things that they are not holding up to. The month in a half is a big deal, because I was not able to start my benefits (e.g. health insurance etc.) on time as promised. Think about it and do not be so naive. And the comment about the white space, give me a break. best regards. I am going to refrain from using this type of site. It is clearly a joke site.
Get over yourself. You typed a really long intro post, and maid it difficult to read. The people here don't get paid, and the advice is always free, which you knew BEFORE you posted. The people that you're responding so rudely to are HR professionals and have many years of experience. If you'd lose the attitude, you might get help.
 

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