lost job to goverment error!!

[robertw]

What is the name of your state (only U.S. law)? Indiana:

I recently applied for a job at a ford dealership. After talking to them and filing out a application they told me that I had the job if my background check came back clean. I told them that it should be except for a few speeding tickets. The next day they told me they couldn't hire me due to a possession charge. I told them I have never been arrested. So I went to the Clerks office to get my own background check. It showed a minor possession of tobacco. So I took that back to them and showed them. They ran it back to the insurance company and after a few days they said they still couldn't hire me. I went back to the courthouse and had them run a more detailed check and on my BMV record it showed a possession charge of marijuana when i was 14yrs old. I am now 28. And i was wondering if i could sue the BMV for costing me this job and who knows how many other jobs over the last decade it has cost me. Including great jobs at a pharmaceutical company called COOK and GM jobs. And if i can whats the normal payout for something like this. thanks

 

[tranquility]

First, I am uncertain about the "error" at all. But assuming there is a problem, you will not successfully sue the government for something like this. They have immunity and cases like this have been tried many times before. (Although, usually over a warrant that was not removed or was place in error.)

 

[robertw]

I m sure they due in most cases have immunity but this is my juvenile record for a possession of marijuana not some warrant this is a serious problem that keeps me from getting a job and because some BMV employee never took it off of my record a decade ago. I don't see how they can have immunity when it was someone being lazy and since i didn't get the job I will most likely lose my house now with a newborn on the way. I don't see how they couldn't be held responsible for it.

 

[Silverplum]

I m sure they due in most cases have immunity but this is my juvenile record for a possession of marijuana not some warrant this is a serious problem that keeps me from getting a job and because some BMV employee never took it off of my record a decade ago. I don't see how they can have immunity when it was someone being lazy and since i didn't get the job I will most likely lose my house now with a newborn on the way. I don't see how they couldn't be held responsible for it.

Read and learn: http://www.in.gov/legislative/ic/code/title31/ar39/

 

[swalsh411]

They are immune. It's irrelevant that you don't "see" this as fair. If you don't like it, contact your elected officials.

If you don't believe what you are being told here then you are free to contact an attorney.

 

[Just Blue]

What is the name of your state (only U.S. law)? Indiana:

I recently applied for a job at a ford dealership. After talking to them and filing out a application they told me that I had the job if my background check came back clean. I told them that it should be except for a few speeding tickets. The next day they told me they couldn't hire me due to a possession charge. I told them I have never been arrested. So I went to the Clerks office to get my own background check. It showed a minor possession of tobacco. So I took that back to them and showed them. They ran it back to the insurance company and after a few days they said they still couldn't hire me. I went back to the courthouse and had them run a more detailed check and on my BMV record it showed a possession charge of marijuana when i was 14yrs old. I am now 28. And i was wondering if i could sue the BMV for costing me this job and who knows how many other jobs over the last decade it has cost me. Including great jobs at a pharmaceutical company called COOK and GM jobs. And if i can whats the normal payout for something like this. thanks

Today, 01:57 PMrobertw
I m sure they due in most cases have immunity but this is my juvenile record for a possession of marijuana not some warrant this is a serious problem that keeps me from getting a job and because some BMV employee never took it off of my record a decade ago. I don't see how they can have immunity when it was someone being lazy and since i didn't get the job I will most likely lose my house now with a newborn on the way. I don't see how they couldn't be held responsible for it.

 

[Mass_Shyster]

And i was wondering if i could sue the BMV for costing me this job and who knows how many other jobs over the last decade it has cost me.

Contrary to some of the incorrect information you've been given, you certainly CAN sue the BMV for costing you this job and who knows how many other jobs over the last decade

And if i can whats the normal payout for something like this. thanks

The normal payout is zero.

The immunity being mentioned is based on the English rule of sovereign immunity. In the old days, the king could do no wrong. This has continued along to state governments in the United States. The government has immunity unless it decides it doesn't have immunity.

It's just like Calvin Ball, but with lawyers.

 

[commentator]

Even if you could and decided to sue the government, which doesn't happen, I do not see how in the world you could possibly prove that the reason you did not get jobs at these other places was due solely and specifically to having something show up on your BMV record in error. There are places that do not check this record before hiring. And I'm sure that if you had been told at these other places that this was the reason you were not hired, you'd have checked on this long ago. And since this wasn't the case, you certainly aren't going to be able to go back in time and say that was exactly the reason you weren't hired at every job you've applied for and not been hired for since you were a juvenile.

 

[Mnemosyne]

I m sure they due in most cases have immunity but this is my juvenile record for a possession of marijuana not some warrant this is a serious problem that keeps me from getting a job and because some BMV employee never took it off of my record a decade ago. I don't see how they can have immunity when it was someone being lazy and since i didn't get the job I will most likely lose my house now with a newborn on the way. I don't see how they couldn't be held responsible for it.

Perhaps the reason that you were not hired had less to do with your juvenile record than with your candor, or lack thereof.

I'm hiring. Let's imagine that I have interviewed two candidates, whom I deem equally suitable for the position. Each was convicted of a misdemeanor when he was a juvenile. When asked about their past arrests/convictions, the first candidate discloses that he ran afoul of the law as a teenager, and he assures me that he has mended his ways and learned from the experience. The second candidate says he has never been arrested, and has nothing on his record except a couple of traffic violations. I run background checks on both, and a conviction for possession appears on each of their records.

Regardless whether the convictions "should have" been expunged from their records, which candidate do you suppose I will hire for the job?

 

[Indiana Filer]

Have you ever filed to have your juvenile record expunged? If not, your juvenile adjudication a are still on your record. They don't automatically disappear just because you became an adult.

I'd suggest applying at Modus Link (off Curry Pike) or Print Pack (also on the west side). Check out Indianacareerconnect.com for info on the Print Pack application process.