Hiring through a Sub Contractor

[meddjay]

Arizona

Hello:
The T.S.A (Fed Gov) hired me but through a sub-contractor NCS Pearson. During the hiring assessment stage, I has a question on a date of a prior misdemenor arrest and could not get that information immediately. (The TSA hired 50,000 people in a very short period of time) The subcontractor (NCS Pearson) told me that since I was unsure the date of that arrest and that I honestly thought it had been over the required 7 years back disclosure not to include that arrest since I was never charged or convicted of that arrest and if there WAS any problem with me not including that arrest later on, that I would have a chance to clarify or explain it later on down the road which was part of the investigation process and in the meantime I could go down to the courts to get that information. I was never given that opportunity but instead put on administrative leave after working there 8 months and then fired. This is for a crime I never was charged or convicted of. And if I had listed that arrest, they could not use it against me anyway in the hiring process because I was never charged or convicted of it. How liable is the subcontractor in providing me the wrong information? I was fired for a "suitability" issue, although I am technically "suitable" because I am innocent of that crime even though I was arrested for it. How liable is the federal government for saying I am unsuitable when I am in fact suitable?

 

[HomeGuru]

Arizona

Hello:
The T.S.A (Fed Gov) hired me but through a sub-contractor NCS Pearson. During the hiring assessment stage, I has a question on a date of a prior misdemenor arrest and could not get that information immediately. (The TSA hired 50,000 people in a very short period of time) The subcontractor (NCS Pearson) told me that since I was unsure the date of that arrest and that I honestly thought it had been over the required 7 years back disclosure not to include that arrest since I was never charged or convicted of that arrest and if there WAS any problem with me not including that arrest later on, that I would have a chance to clarify or explain it later on down the road which was part of the investigation process and in the meantime I could go down to the courts to get that information. I was never given that opportunity but instead put on administrative leave after working there 8 months and then fired. This is for a crime I never was charged or convicted of. And if I had listed that arrest, they could not use it against me anyway in the hiring process because I was never charged or convicted of it. How liable is the subcontractor in providing me the wrong information? I was fired for a "suitability" issue, although I am technically "suitable" because I am innocent of that crime even though I was arrested for it. How liable is the federal government for saying I am unsuitable when I am in fact suitable?

**A: you have no case. Next time, keep track of your own pertinent information ie, the date of arrest etc.

 

[meddjay]

So you are saying that NCS Pearson is NOT liable for giving me the wrong information? There were statutes and laws that were also broken in the process, along with rules and proceedures. And then after the fact there was (is) a security breech as a sideline of this. This is a suitablility issue and by all the laws and procedures I am legally suitable for employment there, except for the wrong information that NCS Pearson gave me. At the very least it's the government not looking at something with common sense. My question to them would be....what would I have to gain by purposely hiding that arrest when I was never charged or convicted of it anyway? If Im not guilty of something then why would I try to hide it? And if they took a whole 2 seconds to ask themselves that question, then they would see that. But the issue comes down to this. They say I didn't list that arrest that I was purposely trying to hide it. And they require you to list all arrests and charges and convictions. I asked NCS Pearson and they told me NOT to list it if there was a problem I would have a chance to correct it later on and not to worry about it because I was never charged or convicted of it anyway. Then I get fired. So besides the fact laws were broken in the way the handled it, their representative NCS Pearson misinformed me. I want to know if I WERE to try to sue them in Federal Court what would I sue them under? Contract and then "other" or the statute category?

 

[JETX]

Okay, lets assume that they had some liability. Here is how I see this playing out....

You: NCS Pearson has liability for my termination because they mislead me.
Them: No we didn't.
You: Yes you did
and back and forth, ad nauseum.

Problem is, you have NOTHING in writing to support your claim that they mislead you.... even if that would make them liable (which it doesn't).
Simply, the onus is on YOU to realize what YOUR criminal history is..... and by not putting it on your application, you were terminated for lying (presumably).

 

[meddjay]

Ok, assuming you are right and ultimately its my responsibility to put down any CRIMINAL history including arrests, charges and convictions. We have to assume they, (the TSA) are requiring that information to weed out the unsuitable individuals that DO have criminal history. Thus me being fired under a suitability issue. So I don't list that arrest because they are assuming that I am trying to hide it so they won't see it and I can get hired. But if I am never charged with or convicted of the crime I was arrested for, then what would be the point in trying to hide it??? So lets presume for a minute I did list that arrest, the TSA in all their wisdom cannot use that against me again because I was never charged or convicted of that crime! (Also the date was like 61/2 years ago and you have to list back 7 years) So how can they rightfully use suitability as the reason to fire me when I never committed that crime and thus was never charged nor convicted of it? So isn't that a breech of contract or something to fire me based on suitability when I am suitable according to their standards?

 

[cbg]

Do you have a WRITTEN contract? (I mean more than just a written offer of employment.) And if you do, does it specify a length of time that employment is guaranteed? Unless the answer to both questions is yes, then you can be legally fired for any reason that does not violate Title VII or public policy. Nothing in your post indicates that either condition exists.

 

[meddjay]

Oh, I technically got fired because they say that even though I answered YES to the question on the application if I have ever ben arrested, charged or convicted of a crime, that I still falsified a major employment document relied upon in connection with my appointment, and they go on to explain its because I didn't put that arrest down on the application, so they said I was to be seperated, because I did not meet the suitability standards. First of they admit I answered YES to that question, but then they say by not including that arrest it is somehow falsifying the application when it can't be used against me anyway and I would have nothing to gain by NOT including it. Then they say that makes me unsuitable for employment. But under the government standards one is suitable if they have not committed any of the disqualfying crimes. I have not committed ANY crime.

 

[meddjay]

This case is currently at the Office of Special Counsel. I am seriously thinking about taking them to federal court because I feel they did not have a sound basis to fire me, if you look at the whole situation. And yes they have violated statutes and laws including but not limited to the Aviation and Transportation Security Act, United States Code Title 5 and Title 49, Public law 107-71,Civil Service Reform Act, Code of Federal Regulations, Federal Regulations, Fair Labor Standards Act, and the TSA letter of conditional employment and standard form 85P questionaire for public trust positions.