What is the name of your state (only U.S. law)? Texas.
I operated a medical transport company in Wisconsin transporting as many as 175 people a day. State investigates and sais "word on the street is that you are cheating the program, and thus the government". Somehow the office billed the program for people while they did not get rides.Since my name was on the licence for the company to operate I WAS RESPONSIBLE. In 2003 I was convicted of 5 counts of Medicare fraud, one count of theft and one count of racketeering (I didnt even know exactly what that ment, I thought it had to do with the maffia). Served 3 months on work release, 9 months house arrest and 6 and a half years probation. All expired and I was released Aug of 2010. These are first and only offences.
Now I applied for a sales position with Home Depot. Local sales manager hired me, pending the outcome of the background check. I disclosed the facts on my conviction; he said "Oh that should't be a problem, FOR ONE - they only go back for any convictions within the last 7 years, and besides they are dinying employment for DWI, DOMESTIC VIOLENCE, DRUG RELATED, AND VIOLENT CRIMES.
So he gave me study materials, took me out to lunch as customary with new hires.
Next day he calls and sais that the HR dept denied my employment because of the background check.
Do I have a leg to stand on in a court of law?
The EEOC specifically states that an employer can not deny employment to a fellon unless the felony conviction is related to and would negatively impact the employee's performance or it would put the company or its customers at risk. The examples give is a bank may not want to hire someone with a theft conviction, or a child molester cna't be hired as a school teacher and so on.
I operated a medical transport company in Wisconsin transporting as many as 175 people a day. State investigates and sais "word on the street is that you are cheating the program, and thus the government". Somehow the office billed the program for people while they did not get rides.Since my name was on the licence for the company to operate I WAS RESPONSIBLE. In 2003 I was convicted of 5 counts of Medicare fraud, one count of theft and one count of racketeering (I didnt even know exactly what that ment, I thought it had to do with the maffia). Served 3 months on work release, 9 months house arrest and 6 and a half years probation. All expired and I was released Aug of 2010. These are first and only offences.
Now I applied for a sales position with Home Depot. Local sales manager hired me, pending the outcome of the background check. I disclosed the facts on my conviction; he said "Oh that should't be a problem, FOR ONE - they only go back for any convictions within the last 7 years, and besides they are dinying employment for DWI, DOMESTIC VIOLENCE, DRUG RELATED, AND VIOLENT CRIMES.
So he gave me study materials, took me out to lunch as customary with new hires.
Next day he calls and sais that the HR dept denied my employment because of the background check.
Do I have a leg to stand on in a court of law?
The EEOC specifically states that an employer can not deny employment to a fellon unless the felony conviction is related to and would negatively impact the employee's performance or it would put the company or its customers at risk. The examples give is a bank may not want to hire someone with a theft conviction, or a child molester cna't be hired as a school teacher and so on.
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