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Quilified, but no hire!

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Silvermane

Junior Member
Florida

I recently applied to a local company here, ClientLogic. ( www.clientlogic.com) I am a well qualified person for the computer indusry field.

Bach. of Science Business Management
MCSE WindowsXP
MCSE Windows9x
MCSE Windows2003 Sercer
Certified Electronics Engineer
A+ Computer Certification
Cisco Network Engineer
NetWare Certified
IBM AS/400 Certified

I know of several people that where rrecently fired from the company because of past criminal records, tha the company knew about, but recently fired over 30 people about it. Some of these people have been working for this company for aver 5 years.

I was not hired either, even after the Human Resources Department said I was well quialified for the position, and because I was willing to take the pay offered. But, because of a new policy in the company, I was not hired either. I had a criminal conviction over 8 years ago, but had nothing to do with anything dealing in the customer service or computer filed.

When I asked whom made the company policy, I was told thier lawyers. I am not stupid, and know the the lawyers DO NOT make policy, the Board of Directors does.

Is there a way that I may sue or otherwise do something about the discrimination I have recieved?
 


BelizeBreeze

Senior Member
If I were the HR person doing the interviewing you never would have gotten through the door.

And yes, Corporate Attorneys DO make policy.

You have no legal claim. And your spelling and grammer are attrocious.
 

cbg

I'm a Northern Girl
They do not owe you a job. Discrimination against those with a criminal conviction is NOT prohibited.

And no matter how well qualified you are, in this market it's a sure bet that they received a couple of dozen, if not more, resumes from people equally or more qualified as you are.
 

CO19

Member
Silvermane said:
Florida


I was not hired either, even after the Human Resources Department said I was well quialified for the position, and because I was willing to take the pay offered. But, because of a new policy in the company, I was not hired either. I had a criminal conviction over 8 years ago, but had nothing to do with anything dealing in the customer service or computer filed.

When I asked whom made the company policy, I was told thier lawyers. I am not stupid, and know the the lawyers DO NOT make policy, the Board of Directors does.

Is there a way that I may sue or otherwise do something about the discrimination I have recieved?


Courts have found that a policy of automatically denying employment due to a criminal record can result in discrimination against certain groups. Instead, employers must examine:
1. The nature and gravity of the offense
2.The time that has passed since the conviction and/or completion of the sentence
3. The nature of the job held or sought.

According to your post, you were told you were qualified and were not hired exclusively b/c of a criminal record. I would strongly encourage you to consult with an employment attorney or the EEOC.

You may very well have some recourse here. Employers CANNOT exclude an applicant AUTOMATICALLY on the basis of a criminal record alone, per EEOC Notice N-915 (February 4, 1987).

Good Luck!
 

BelizeBreeze

Senior Member
CO19 said:
Courts have found that a policy of automatically denying employment due to a criminal record can result in discrimination against certain groups. Instead, employers must examine:
1. The nature and gravity of the offense
2.The time that has passed since the conviction and/or completion of the sentence
3. The nature of the job held or sought.

According to your post, you were told you were qualified and were not hired exclusively b/c of a criminal record. I would strongly encourage you to consult with an employment attorney or the EEOC.

You may very well have some recourse here. Employers CANNOT exclude an applicant AUTOMATICALLY on the basis of a criminal record alone, per EEOC Notice N-915 (February 4, 1987).

Good Luck!
And would you like to post your qualifications for such a statement? Besides being wrong you are giving this poster unqualified advice on a topic you know nothing about.
 

BelizeBreeze

Senior Member
FURTHERMORE:

Most states permit employers to deny jobs across the board to anyone who has been convicted of a crime or a certain category of crime, without considering the circumstances of the offense, its relevance to the job, the amount of time that has elapsed, the job being sought, evidence of rehabilitation, or the “business necessity” for barring the applicant, in potential violation of EEOC guidelines.

37 states have laws permitting all employers and occupational licensing agencies to ask about and consider arrests that never led to conviction in making employment decisions.

36 states have no standards governing public employers’ consideration of applicants’ criminal records; 14 do.

45 states have no standards governing private employers; 5 do.

29 states have no standards governing the relevance of conviction records of applicants for occupational licenses. That means they can deny licenses based on any criminal conviction, regardless of history, circumstance or business necessity; 21 states do have standards that require a “direct,” “rational,” or “reasonable” relationship between the license sought and the applicant’s criminal history to justify the agency’s denial of license


Only 10 states prohibit all employers and occupational licensing agencies from considering arrests if the arrest did not lead to conviction, and 3 states prohibit some employers and occupational licensing agencies from doing so.

37 states have laws permitting all employers and occupational licensing agencies to ask about and consider arrests that never led to conviction in making employment decisions.

Now, do you REALLY want to go head to head with ME on this issue. Next time know what the hell you're talking about before putting your foot in your mouth.
 

mlane58

Senior Member
After reading EEOC Notice N-915 it doesn't remotely speak about what CO19 states.

Here is the purpose of the Notice:

"The extraterritorial application of Title VII and the Americans with Disabilities Act to American and American-controlled employers abroad; and the coverage under both statutes of foreign employers discriminating within the United States."

Oh thats right, he was talking about being employed in a foriegn country--what was I thinking

PLEASE! THAT CRAP DOESN'T FEED THE BULLDOG!!!!!!!!!!!!!!!!!!!!!!!!
 

CO19

Member
Here are some resources to start with regarding EEOC Notice N-915 (February 4, 1987)


1. http://www.workrights.org/issue_other/oi_analysis_zero_toler.html

2. The Safe Hiring Manual, by Les Rosen has this Notice in its entirety for your review.

3. Do a google search and you will find plenty of references consistant with my response pursuant to EEOC Notice N-915 (February 4, 1987)


Next time, try doing some research and educating yourself before attacking another responder. I provided sound non-legal advice for him to research, consider, and speak to an employment attorney or EEOC to determine if his situation warrants any recourse; he can chose to do as he wishes.

Back to Work!
 

pattytx

Senior Member
And if I had gotten every job to which I applied and which I was eminently qualified for, I wouldn't have been unemployed for 20 months out of the last 50. :rolleyes:

Get over it. Nobody OWES you a job.
 

mlane58

Senior Member
O geez, I guess you showed me---------like I care!

The poster isn't owed anything and if he wants and can prove his case which I highly doubt even with the EEOC, he will be thrown out at a summary judgement.

Get over it!
 

CO19

Member
BelizeBreeze said:
And would you like to post your qualifications for such a statement? Besides being wrong you are giving this poster unqualified advice on a topic you know nothing about.
Hey Belize, Since I own a pre-employment screening firm and state-licensed investigative firm, active member of SHRM, and other relevant organizations, I believe I am quite qualified to respond (give my OPINION and RESOURCES from training, experience, etc.. - NOT legal advice) to this SPECIFIC post and FACTS he stated, and the few posts I have seen and complete contrary to some of the crap I've read that you spew in response.

Get a life and get your FACTS correct before you challenge me/others... fair enough? I try to stick to things I know and learn from those I don't... why don't you try doing the same. This is a discussion board (which I am a member of several) and hardly any "legal advice" platform. Any idiot who relies on responses derived from the internet deserves what they get!

Now, you've wasted enough of my billable time.... back to work!
 

BelizeBreeze

Senior Member
CO19 said:
Hey Belize, Since I own a pre-employment screening firm and state-licensed investigative firm, active member of SHRM, and other relevant organizations, I believe I am quite qualified to respond (give my OPINION and RESOURCES from training, experience, etc.. - NOT legal advice) to this SPECIFIC post and FACTS he stated, and the few posts I have seen and complete contrary to some of the crap I've read that you spew in response.

Get a life and get your FACTS correct before you challenge me/others... fair enough? I try to stick to things I know and learn from those I don't... why don't you try doing the same. This is a discussion board (which I am a member of several) and hardly any "legal advice" platform. Any idiot who relies on responses derived from the internet deserves what they get!

Now, you've wasted enough of my billable time.... back to work!
And still the fact is there is nothing in your current post to impress me. In fact, if you DO perform pre-employment screenings as you claim then your money is going to pay my employees.

I know you hate that but tough. Life's a bitch :D
 

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