Arizona- I have worked for the federal government for 8 months, with probationary period lasting 1 year. I have been on admin leave (with pay) for three weeks now, awaiting paperwork from Wash DC concerning my background check. Yesterday they called me at home and asked me to come into the office, and they gave me a piece of paper that basically said that when I filled out the application it asked me if I had ever been arressted convicted of or charged with any offenses in the last 7 years. I answered yes. But they say I didn't list all of the times I got arrested. I listed all the ones I remembered. I said I had been arrested and charged with driving on a suspended license. I wasn't really sure of the dates so I kind of estimated. But there is a box you can check if the dates are estimated so I checked the box. They said that I did not specifically list the date where one time I got pulled over and got arrested for driving on a suspended license, dangerous drugs, paraphenala and a concealed weapon. AS IT ENDED UP I DID NOT GET CHARGED WITH THESE THINGS BECAUSE there was a guy in the car with me and I didn't know this guy very well and these were his items. He ended up getting charged with these items I DID NOT GET CHARGED WITH THEM, I only got charged with driving on a suspended. But they say since I did not list on my application that specific date, that I didn't disclose it, and I got fired. When I listed any dates at all they were all estimated, but they seemed to have no problem with those, just this one. They say I have no recourse since I am on probation for one year, and since its a federal job and its conditional employment. They have already made some mistakes according to my research in this whole thing. For example immediately before I was put on admin leave they said that there would be layoffs across the country (the part of the federal gov I work for has only been in existance for 8 months), then they put me on admin leave. If I was off probation they couldn't have a RIF and then put me on admin leave that is against policy. But since I am on probation for 1 year they can do what they please. Also they are not suppose to put someone on admin leave for extended period of time. Is three weeks an extended period? But if nothing else didn't they discriminate against me because the EEOC says:
5) Arrest, conviction records: The EEOC takes the position that questions concerning arrests are improper unless the applicant is being considered for a "security sensitive" job and the employer does an investigation to determine, in effect, whether the applicant was likely to have committed the crime for which he or she was arrested. The EEOC also says that questions about an applicant’s conviction record are improper unless the employer can show that the conviction is in some way related to the position being applied for. The EEOC takes these positions because of statistics which show that minorities are arrested and convicted at considerably higher rates than whites.
This was for a security sensity job but what I got arrested for and charged with are two different things......and it says that the employer has to do an investigation to determine if I was likely to have committed the crime. Driving on a suspended yes.....but the other stuff NO! So can they do this to me? It's taken me a long time to finally get it all together, Im not a bad person...I need this job, how can they do this to me? I think I am a minority because I am a single mother though I am white. Please answer as soon as you can...I only have 15 days to file with the EEOC.
5) Arrest, conviction records: The EEOC takes the position that questions concerning arrests are improper unless the applicant is being considered for a "security sensitive" job and the employer does an investigation to determine, in effect, whether the applicant was likely to have committed the crime for which he or she was arrested. The EEOC also says that questions about an applicant’s conviction record are improper unless the employer can show that the conviction is in some way related to the position being applied for. The EEOC takes these positions because of statistics which show that minorities are arrested and convicted at considerably higher rates than whites.
This was for a security sensity job but what I got arrested for and charged with are two different things......and it says that the employer has to do an investigation to determine if I was likely to have committed the crime. Driving on a suspended yes.....but the other stuff NO! So can they do this to me? It's taken me a long time to finally get it all together, Im not a bad person...I need this job, how can they do this to me? I think I am a minority because I am a single mother though I am white. Please answer as soon as you can...I only have 15 days to file with the EEOC.