Friday, July 31, 2009

Is it against the law to fire me b/c they did a background check 2 years after my hire date?

I am a fantastic hard worker. I was with a company for 2 years and was up for a job promotion to manager. I had a great interview and was a top canidate for the position. I have made a mistake in my past and now have a "blemish" on my background check. Sucks, because that does not reflect the person I am today. I know have a family and kids, and my work ethic is strong. This happened in '99. So I didnt get the promotion obviously and they also fired me! Not to mention I am 2 months pregnant. How can I overcome this? And am I eligable to collect unemployment?

Is it against the law to fire me b/c they did a background check 2 years after my hire date?
You can still file for unemployment, you may have to fight for it..but if you really need it, it's worth the fight. I have known people who were fired and still received unemployment.





I know that you will find another job, sorry for your loss. However when you fill out a job application it is considered as a binding contract. So you really should try to be honest as possible on your application. You should put down in a subtle way whatever the blemish is..but don't offer too much info. to count yourself out. I also have a blemish on my record from when I was young...I just list it as a misdemeanor and brief description and "will explain in interview" so no biased opionion can be formed without a formal interview. I also put down something as "17 years ago as a juvenile and list the age of the offense to play it safe and stress how many number of years ago it was"





Try to take it easy while pregnant although I know you want to be able to provide. Everything will work out for you in the end.
Reply:They will say you lied on your application and thus no unemployment, do not dwell on it move on and you an still use the company for a reference just know that they cannot sat why you were let go. Get the blemish removed by seeking out someoen who can help you appraoch your local court to have it expunged from your record. Minior offesnes can be taken off this way all the way up to DUI's its worth looking into if you think you will run into this problem again. Look for a local competitor to get hired on with. Good Luck
Reply:Yeah... tough... Domino's Pizza has no heart.
Reply:Just a note, I would still file for unemployment.


Many companies do not even answer the paperwork sent out and sometimes they are very lax when it comes to giving out benefits.
Reply:no your not eligable for unemployment - unless you were Laid off and not fired and if u quit you can't get it either





BUT as far as waiting 2 yrs to do a background check then firing you - I'm not sure if they can do it leglally, I'd suggest calling a lawyer and asking them you can ask them questions for free
Reply:A similar instance of firing an individual after a background check revealed that she had made up college degrees that she never earned; after some 20 years of employment as an admission director at MIT. She was fired immediately, and of course, there was no unemployment benefits given to her since her whole employment achievement was fraudulently based.





And in your case, even after 2 years of exemplary conduct, your past has come full face to force your termination and also not allowing you to receive unemployment compensation.





Good luck!


No comments:

Post a Comment