Can I sue if I don't get hired? Read my story, PLEASE!

[cmh5187]

MASSACHUSETTS
I was hired by UPS as a Drivers Helper for the Holidays. Now I have a criminal record of something I did that was stupid and it was non-violent. I told the Human resource staff about my past and they did a background check and she called me and hired me for the job. So after the holiday was over I was interviewed for a Dock Loader position in Jan 2015. I didn't get that position and was disappointed. The interviewer did mention that they were going to do a background check. I didn't say anything even thought I was wondering why when they already did one? So last week UPS calls me and offers me the job as a Dock Loader. I was excited and they did mention the background check but I wasn't concerned. I went online and filled out the hiring application which included my bank account for direct deposit. I saw nothing in the application about a background check as well. They told me when I was done filling that out I should call them so they could push it through. I was told to report to UPS for orientation on 3/3/15 by 5:00 AM. They called me again last Friday as a reminder of what I needed to bring and the time of the appointment. So as far as I was concerned I seemed I was already hired. So I get a call today from Human Resources and they tell me that they have to postpone my orientation because the criminal background check has not come back. I told them why would it take so long and that the first time they did a background check everything was fine. HR told me that they use a different background check for seasonal helpers (makes no sense). They told me I they would be in touch in a few days. I am very agitated. They already hired me as far as I am concerned and I was hired the first time. So what are my rights if they don't hire me? Can I sue? I know for a fact that a sex offender works at one of their facilities. I have 2 Voicemails stating that I was ready to go to work from them as well. Please help.

 

[cbg]

Please explain to me what law you believe exists that requires them to hire you.

 

[Shadowbunny]

MASSACHUSETTS
I was hired by UPS as a Drivers Helper for the Holidays. Now I have a criminal record of something I did that was stupid and it was non-violent. I told the Human resource staff about my past and they did a background check and she called me and hired me for the job. So after the holiday was over I was interviewed for a Dock Loader position in Jan 2015. I didn't get that position and was disappointed. The interviewer did mention that they were going to do a background check. I didn't say anything even thought I was wondering why when they already did one? So last week UPS calls me and offers me the job as a Dock Loader. I was excited and they did mention the background check but I wasn't concerned. I went online and filled out the hiring application which included my bank account for direct deposit. I saw nothing in the application about a background check as well. They told me when I was done filling that out I should call them so they could push it through. I was told to report to UPS for orientation on 3/3/15 by 5:00 AM. They called me again last Friday as a reminder of what I needed to bring and the time of the appointment. So as far as I was concerned I seemed I was already hired. So I get a call today from Human Resources and they tell me that they have to postpone my orientation because the criminal background check has not come back. I told them why would it take so long and that the first time they did a background check everything was fine. HR told me that they use a different background check for seasonal helpers (makes no sense). They told me I they would be in touch in a few days. I am very agitated. They already hired me as far as I am concerned and I was hired the first time. So what are my rights if they don't hire me? Can I sue? I know for a fact that a sex offender works at one of their facilities. I have 2 Voicemails stating that I was ready to go to work from them as well. Please help.

You have the right to apply elsewhere.

 

[Eekamouse]

MASSACHUSETTS
I was hired by UPS as a Drivers Helper for the Holidays. Now I have a criminal record of something I did that was stupid and it was non-violent. I told the Human resource staff about my past and they did a background check and she called me and hired me for the job. So after the holiday was over I was interviewed for a Dock Loader position in Jan 2015. I didn't get that position and was disappointed. The interviewer did mention that they were going to do a background check. I didn't say anything even thought I was wondering why when they already did one? So last week UPS calls me and offers me the job as a Dock Loader. I was excited and they did mention the background check but I wasn't concerned. I went online and filled out the hiring application which included my bank account for direct deposit. I saw nothing in the application about a background check as well. They told me when I was done filling that out I should call them so they could push it through. I was told to report to UPS for orientation on 3/3/15 by 5:00 AM. They called me again last Friday as a reminder of what I needed to bring and the time of the appointment. So as far as I was concerned I seemed I was already hired. So I get a call today from Human Resources and they tell me that they have to postpone my orientation because the criminal background check has not come back. I told them why would it take so long and that the first time they did a background check everything was fine. HR told me that they use a different background check for seasonal helpers (makes no sense). They told me I they would be in touch in a few days. I am very agitated. They already hired me as far as I am concerned and I was hired the first time. So what are my rights if they don't hire me? Can I sue? I know for a fact that a sex offender works at one of their facilities. I have 2 Voicemails stating that I was ready to go to work from them as well. Please help.

You can't sue them for not hiring you if you can't even pass the background check. Your record is going to follow you no matter where you go and that's something you need to accept. It's one of the reasons most people are law abiding citizens.

 

[Proserpina]

But sometimes...

http://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm

 

[cbg]

Still is not a requirement. There are some qualifiers in there, and the specific job does matter.

 

[cmh5187]

You can't sue them for not hiring you if you can't even pass the background check. Your record is going to follow you no matter where you go and that's something you need to accept. It's one of the reasons most people are law abiding citizens.

Like you never broke the law in your life? You just didn't get caught.

 

[cmh5187]

Please explain to me what law you believe exists that requires them to hire you.

They did hire me. I filled out all the paperwork that was for a new hire. I did my I-9 form and the information for my direct deposit. They told me to attend orientation and bring 2 forms of ID. Which you only do when you are hired. Not to mention as I stated they hired me for a drivers helper position for the holidays and they did a background check then. This is UPS which is a big company. They called me last night and said they had to postpone my orientation because the criminal part of my background check had not come back. They tried to tell me that they used a different form of background check for the drivers helper position which I think is BS. How long does a background check take? I can do one in 20 minutes on my computer. So to answer you rude comment, THEY DID HIRE ME!!!! Read the post again.

 

[cbg]

I did read the post. You're the one who asked what your options were if you *didn't* get hired.

Depending on the background check, it *can* take as little as 20 minutes or it can take several days. Not all checks are created equal.

 

[Ladyback1]

They did hire me. I filled out all the paperwork that was for a new hire. I did my I-9 form and the information for my direct deposit. They told me to attend orientation and bring 2 forms of ID. Which you only do when you are hired. Not to mention as I stated they hired me for a drivers helper position for the holidays and they did a background check then. This is UPS which is a big company. They called me last night and said they had to postpone my orientation because the criminal part of my background check had not come back. They tried to tell me that they used a different form of background check for the drivers helper position which I think is BS. How long does a background check take? I can do one in 20 minutes on my computer. So to answer you rude comment, THEY DID HIRE ME!!!! Read the post again.

They can "hire" you pending the return of the background check. And then rescind their job offer if the don't like what they see on the background check.

And as far as the "background check" YOU can do? Unless you have access to NCIC database, and any other state criminal database (any state you have resided in), then you are NOT conducting a complete criminal background check. Thus, why the 20 min background YOU can run is irrelevant!

 

[eerelations]

There are no laws against performing different types of background checks for different job classifications. In fact, this is a standard process at many companies. Arguing with your new employer about this could get you fired - and this would be perfectly legal.

Most of the volunteer legal experts here have crime-free backgrounds. Accusing us all of being criminals does not make us want to help you, in fact it does the opposite.

 

[ajkroy]

Most of the volunteer legal experts here have crime-free backgrounds. Accusing us all of being criminals does not make us want to help you, in fact it does the opposite.

Most criminals cannot fathom that having a crime-free background comes from living crime-free lives; to many of them, we are just luckier than they and haven't been caught.

 

[Zigner]

It's funny that folks think that the possibility that someone has broken the law in the past prevents them from providing accurate advice

 

[PaulMass]

Now I have a criminal record of something I did that was stupid and it was non-violent.

So what are my rights if they don't hire me? Can I sue?

Any recourse depends on what your criminal record contains, and how old the entry is, and if UPS followed the correct procedures under the law.

Google CORI reform for more information.

 

[Eekamouse]

Like you never broke the law in your life? You just didn't get caught.

Gee, I guess I am just smarter than you because I was able to get away with it. Must suck to be you. Whatever.