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Hi. I was hired a week ago Monday by a corporation in ...
Sent to Legal Experts October 30 08:57 PM

Hi. I was hired a week ago Monday by a corporation in Viginia. The hiring process involved an extensive background check and I was asked if I had any prior convictions. The answer is no. However, I have a charge pending which I did make the Director aware of. I was finaly hired and sent through a week of training. I should mention that I did not quit my pevious job until I was sure the hiring process of my new job was complete. Yesterday, I was terminated. The coporate office said that since I had a charge pending, it is their policy to terminate until the results of the case are known. My question is: Their questioning revolved around "any convictions". There were no questions as to any "pending charges" and I had let the director know verbally of the pending charge. Can they just fire me for this reason right after they hired me, i went through their process, past it, and had quit my previous job once they agreed to hire me. Is there anything I can do?

 

Optional Information:
fredericksburg, Virginia

Already Tried:
I spoke to their Human resource hot line. They said that even though there was an oversight in their procedure, there was nothing they could do.

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
October 30 9:00 PM (3 minutes and 34 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy),

In a free will employment state, either you or the employer can terminate the employment relationship, without cause or notice without encuring any retribution.

However, this does not give them a right to discriminate. AND in your case, you could sue for damages unrealted to wrongful discharge.

You are loosing wages because you termed your other job based on the hire.

You may have relocated.

etc.

The deal is, you want to work for them right? and if the pending charges are resolved, they should hire you back. It would be hard to fight for something when you may end up convicted.

You could however wait until the charge is settled, and then if they do not hire you back, you can bring charges.

 



YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
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Ed Johnson -- International HR Consultant99% Positive Feedback on 3288 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Reply
October 30 9:05 PM (5 minutes and 4 seconds later)
         
Yes, i do want to work for them. And they did say they would hire me back once the charges were resolved in my favor. So, what you are saying, once I am hired back I could sue them without reprocussions for lost wages or what? Is there anything I can do in the mean time since I am now unemployed until after November 26, 2007?
Customer (name blocked for privacy)
Reply
October 30 9:24 PM (18 minutes and 42 seconds later)
         
Sorry I lost my cumputer for a few minutes. did you get my last reply?
Customer (name blocked for privacy)
Answer
October 30 9:25 PM (1 minute and 16 seconds later)
         
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Ed Johnson -- International HR Consultant99% Positive Feedback on 3288 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Reply
October 30 9:34 PM (9 minutes and 2 seconds later)
         
So until then I have no recourse. I am out my old job and my new one. It does not seem right that they can fire me because of a pending charge when they knew about it up front. Also, that's like saying i am guilty before proven innocent. Can I take any action now?
Customer (name blocked for privacy)
Answer
October 30 9:41 PM (6 minutes and 5 seconds later)
         
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Ed Johnson -- International HR Consultant99% Positive Feedback on 3288 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Reply
October 30 9:44 PM (3 minutes and 18 seconds later)
         
What can I sue for? Not to mention, findind another job under these circumstances will be next to impossible.
Customer (name blocked for privacy)
Answer
October 30 9:55 PM (10 minutes and 42 seconds later)
         
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Ed Johnson -- International HR Consultant99% Positive Feedback on 3288 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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