They tell you your hired but.....

[MsRopper]

What is the name of your state?

Florida


Can an employer, say someone like OfficeDepot, interview you for a position, tell you that you are hired, (they tell you how much they will start you out at, when you are eligible for benefits etc) they tell you you must purchase your own attire, (they don't provide uniforms) they offer to provide you with software information (the next day, they made a copy of a disc showing information on computer programs you will be using so you can familiarize yourself with the applications), so you go out, buy the clothes spending more because it's hard to find the clothing needed for a particular size person, you double check to make sure what you bought is acceptable before you wash it, you invest a lot of time and money (money that you really don't have, but know you can replace quickly) over a week long period into refamiliarizing yourself with the software that will be used, downloading free trials, purchasing books and updating employer almost daily with the progress because after all, you are only waiting for the drug test to come back and you know you are clean, the boss seems to be pleased, even says that when you start, you can come in on your free time, use computer if it is not being used, then all of the sudden, after the drug results are back, (clean of course) there seems to be an alleged problem with the background check, no mention of what, just that it was under investigation. Funny, the background check was initiated by employee on a Thursday. Friday, when the information disc made by employer and was picked up, a family member asked if the person was hired, the reply was "Yes, just waiting on the drug test results" which would be in on the following Tuesday. Well, this will be easy to clear up, since there had to be some sort of mistake. This goes on through the week and the weekend (you were supposed to start working no later than Thursday) You approach employer on Monday, they say there is STILL a problem, and that they will get to the bottom of it and to call back the next morning. You do, and they then tell you someone else hired someone to fill the position.

I am truly amazed and disgusted. I can only hope that this is just wrong.

 

[Beth3]

Many, if not most, job offers are contingent upon a drug screen and favorable background/reference checks. If the employer did not make the job offer contingent on both those things, then you *might* (and that's a big might) have a claim for detrimental reliance but the problem is that the damages you could claim are extemely limited. All you're "out of pocket" are the new clothes and obviously you can wear those elsewhere even if you would not have spent the money at present had the job offer not been made.

The employer has not violated any laws if that's what you're wondering. A claim of detrimental reliance is a civil action and it would be up to you to take legal action, which is often expensive.

 

[MsRopper]

Thanks Beth. The only comical relief out of this experience was the interview itself. When asked about the benefits, interviewer said "Oh the benefits are great, dey got the 701k and all dat stuff". (WOW 701k? Really?) When asked about the turnover rate, the response was "Oh yeah we got a lot of dat, it's good, real good" . Ignoring the obvious, I just shrugged it off. She seemed nervous and told me she had only been there two months.

This particular location has mostly all blacks working there, very few white people. I have absoultely no problems with any race. I think the interviewer was shocked when I showed up, I have a name that is also a common black name, so when I appeared and introduced myself, she looked very confused. (it's not the first time it has happened) On the application itself, they specifically say in the criminal portion, do NOT include first time DUI offenses, and other first time charges, I can't recall, but I did have a DUI in the early-mid 90's, I told her that up front, so as far as any background info, I cannot see how it could have been a factor. I am half tempted to just write to the Corporate Office and tell them about the unprofessionalism of this person.

 

[Beth3]

I don't know that the issue is the unprofessionalism of this particular person so much as it is store management putting someone so clearly unqualified in charge of hiring. That's where the responsibility rests.

701k? Yikes. That'll be news to Congress.

 

[MsRopper]

I don't know that the issue is the unprofessionalism of this particular person so much as it is store management putting someone so clearly unqualified in charge of hiring. That's where the responsibility rests.

701k? Yikes. That'll be news to Congress.

LOL!!! I am so glad I literally made a journal of each and every contact I had over the 12 day period. It was VERY hard to keep a straight face during the interview. I just read where the company had a recent merge. This is (laughable) from their Corporate Website:

Code of Ethics

Integrity is one of Boise’s core values. That means we will do the right thing and will act honestly, fairly, and in accordance with all laws applicable to our operations. We will treat our fellow employees and associates with the utmost respect and courtesy, deal with our customers and vendors fairly, and avoid conflicts of interest in personal and professional relationships. In addition we will comply with the specific ethical standards in this code.

 

[Beth3]

You may wish to write a letter to corporate HQ pointing out that your experience fell, er, somewhat short of being treated with the "with the utmost respect and courtesy" but that's about all you can do.

Good luck finding a new opportunity.

 

[MsRopper]

Thank you Beth..

God Bless

 

[MsRopper]

Update

I sent a detailed email and got a response:


"Thanks for writing to Boise. Your e-mail reached corporate headquarters in Boise, Idaho. I have forwarded it to the OfficeMax offices in Shaker Heights, Ohio".


We'll see if anything happens.

 

[Beth3]

Even if it does, you won't be in the "information loop." It's an internal company matter and they will not air their dirty linen in public, nor should they. You may get a letter of apology or some similar expression of regret as to what occurred but that's it.

 

[starchamber]

About Background report

Do you know who Office Depot used to obtain your background report?
If it was another company then you may have recourse under the Fair Credit Reporting Act (FCRA) as it would seem that pre-adverse action and adverse action procedures were not followed. This seems apparent as you don't know what the report said and part of the requirements is that you be provided with a copy of the report.

However, if Office Depot contacted courts or law enforcement agencies directly then the FCRA would not apply.