Do i have a case against my former employer...

[dominic.ceraso]

What is the name of your state (only U.S. law)? Pennsylvania....

here is the situation - I worked for company A as an onsite vendor (contractor) while being employed through company b. I got hired back in June 6th 2016 to be considered for company a you must pass a drug test and a background check in order to receive their security badge and receive an employee ID. I received mine on June 6th. I worked from June through 10/31- roughly the beginning of September I was asked by my boss to apply for a full time position with company A which i did. I beat out the competition and was offered and electronically signed an offer of employment on 9/28/2016. I submitted my background check and drug test on 10/3. I passed the drug test and the background check this time took - all the way up until my last day 10/31. on Monday - 10/31 I was walked out of the building after 245-3pm and not even 5 minutes later I receive an email saying they rescinded their offer due to adverse items in my bg report- Mind you I told them about my misdemeanor back in June and was approved, and I told them about my misdemeanor in October but was denied. I have a lawyer who accepted the case on a contingent basis, but wanted your opinions. We are asking for 95k (1 year salary) in a demand letter to settle out of court, if not we will be suing in excess of 500k (my lawyers idea, not mine ... but I am OK with it) Any thoughts?

 

[cbg]

Either you're lying about having a lawyer who's recommended this or you've omitted major facts from what you've described here. Or possibly you don't know what's meant by contingent and your lawyer really saw you coming and will be charging you major dollars for writing a couple of nasty letters.

What you've described is not a violation of any labor or employment laws. There's a very slight chance that you might have a crap case for a contract breach IF you have an actual contract (not determined) AND it offers guarantees for the length of employment. What you do not have is a case that's worth anything like the numbers you're throwing around. They might give you a couple of thousand to go away. You're not going to get $95,000 out of this, let alone $500,000.

And when you come back and tell me that I'm wrong and you won huge numbers, you'd better have a docket number and a disposition that I can independently verify or I'm going to call you a liar again.

 

[dominic.ceraso]

So the fact that i had a contract originally from 06/2016 through 05/2017 and THEY approached me to apply for this new position, and the background process that they approved me for in june is the same exact background process that they didn't approve me for in october means nothing? Also the fact that my background's 'adverse item' is from '09 and has literally NOTHING to do with my profession doesnt matter either? My lawyer seems to think you are wrong - I paid a $250.0 filing fee and agreed to 45% contigency fee based on the winning amount. The company we are talking about here was wrong for blindsiding me and giving my job away - they should have at the very least let me stay in my contract position through may of '17 which was the original contract i signed.

Unless I am completely out in left field.. Which i hope I am not. They have put me in terrible turmoil and distress.

Sincerely.

 

[cbg]

I said that you might have a contract breach. I haven't read your contract so I don't know for sure. And even if you do, the exact wording matters. It would have to been worded very carefully in your favor for it to be worth the kind of numbers you have. I'll backtrack slightly and say that IF the contract provides an absolute guarantee and does not provide the employer with ANY wiggle room whatsoever, then yeah, maybe. But if that's the case, the employer ought to sue whoever wrote up the contract for them for doing such a damned poor job as to leave all the opt on your side.

What you don't have is any kind of a violation of labor or employment law. And that is for sure.

I've no idea how you expect people who haven't read your contract to evaluate it.

 

[Silverplum]

I've no idea how you expect people who haven't read your contract to evaluate it.

See, that's why I keep a Magic 8-Ball handy on my desk.

 

[dominic.ceraso]

look, I am no lawyer OK - I am simply stating why my lawyer took my case, and building a case in my own head - I came here for a non biased third party opinion and nothing more. With that being said - in Pennsylvania

18 Pa. C.S.A. §9125(b) specifically states, “felony and misdemeanor convictions

may be considered by the employer only to the extent to which they relate to the

applicant's suitability for employment in the position for which he has applied.”

So this tells me that if my misdemeanor has nothing to do with the position in which i applied - or in my case (sr. mobile developer was the position) My criminal bg has NOTHING even close to relating to my position. Furthermore - it was from 2009 and my fines / court costs, restitution has been paid for years. Finally, my background hasn't changed in years let alone in the time from the 1st bg report to the 2nd bg report. So my background was considered OK for contract employment, but it wasn't okay for full time employment in September a measly 5 months later? I know this particular company uses the same process for contractors as they do employees. So it is due to these facts that my law firm took this case on a contingent basis - and you go ahead and add the fact that my ex company is a fortune 500 company and one of the biggest companies in the world - doesn't hurt their decision making either.

 

[Zigner]

You have an attorney already - there's no way any of us can second-guess your attorney. If you don't trust your attorney, find a new one.

 

[TimStudiesLaw]

You didn't work for Company A, you worked for Company B. You were placed by Company B at their client, Company A. (Think temp agency)

If you have a beef with anyone, it's your employer, not your employer's client. Good luck with that lawsuit.

 

[justalayman]

You have at best a breach of contract claim. The most you would be due would be the payout of your contract which would be about $87,000. Then your lawyer is going to take $39,500 which would leave you $47,500. Of course that's if you prevail.

I suspect there is a lot of information you haven't posted here that is relevant.

Good luck.

Oh, if it's payout of your contract you get to pay taxes on the full $87,000.

 

[dominic.ceraso]

I do believe at this point I have covered almost everything of importance. I can appreciate what you are saying as far of the breach of contract goes and why i would only be entitled to the amount you mentioned. The figure my attorney brought forth is due to the salary I was being offered by company A - which was 95k a year plus 10% yearly bonus and 5k signon bonus. That is where the 95k comes into play. She did this because of her belief in the fact of the statute i posted earlier under pa employer criminal background check law according to my understaning they broke the law based off this bg passing in june then not passing in oct and the bg has NOTHING of any relevence to do with my job. My point being if I was fine to work and sit in there building in june, why was I not fine to do so in november?

Sincerely,
Dominic.

 

[Zigner]

An "offer of employment" rarely rises to the level of a contract for employment, but our OP's got an attorney who believes that it does...so the OP should be talking to his attorney.

 

[dominic.ceraso]

I am talking to my attorney - i simply came here for a second opinion to ease my mind. That is my only goal for this posting.

Thanks everyone.

D

 

[cbg]

And the second opinion does not concur with that of your attorney. Not based on the info we have.

However, your attorney has read the contract. We have not. That gives her an advantage we do not have. So you should be listening to her and not to strangers on the internet who do not have access to all the information your attorney does.

 

[CTU]

Google reveals a lot about a person.

Jes' sayin'.

 

[justalayman]

I just realized you said the employer rescinded the job offer due to itemS in your background report. Plural items.

Additionally you never said the rescission was due to the misdemeanor.