Please help me keep my job! I don't have long to figure out how....

[jbrock183]

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

I received an email a few months ago from a talent scout asking me to consider applying for an internship with a very large corporation. I applied and was offered the position. During my background check I was give 4 offer letters, each changing my first day of employment a week later. For a month I refrained from pursuing another position because I was repeatedly reassured my background would be finished soon. Finally, I was given an official start date. The recruiter assured me my background check had come back and look perfect. In fact, he forwarded a copy to me and I saw for myself that no criminal background our negative information was included.

After almost 2 weeks, I was contacted by the Compliance Department and placed on paid suspension. Since then I have been falsely accused of a felony from 21 years ago. I have been asked several questions about other charges, and told I would be contacted with their decision regarding my 'status of employment'.

I need to know what has persuaded them to place me on paid suspension instead of firing me directly. If I can figure that out I may be able to use it to my advantage. I want to keep this job and hope someone can help me think about possibilities regarding my situation.

Thanks.

 

[Zigner]

I need to know what has persuaded them to place me on paid suspension instead of firing me directly. If I can figure that out I may be able to use it to my advantage. I want to keep this job and hope someone can help me think about possibilities regarding my situation.

The crystal ball is eerily silent and the chances that any of the volunteers of this forum are the folks that put you on paid suspension are slim-to-none. You would need to ask the folks that did it.

 

[jbrock183]

Thanks for your reply. I have directly asked the people who put me on paid suspension. The reason they gave me was due to criminal charges from almost 22 years ago that did not show in my original background check. Initially they thought one of the charges was a felony. However, during our second conference call I provided them with documentation that proved the charge had been reduced to a misdemeanor.

Obviously they have found it to be serious enough to place me on suspension. I believe they would have fired me on the spot if there wasn't something giving them concern I would have grounds for a law suit. I have only been there a little less than 3 weeks, so I highly doubt they are keeping me with pay because the like me. I haven't had time to build that type of relationship.

Perhaps I should phrase my question another way. They could technically terminate my employment for any reason. What are some possible legal consequences that would cause concern on their part? If I just had some idea of what is working in my favor, I could use that to my advantage. I need some ideas while I am still an employee. If they terminate my employment, I will most likely be left with no leg to stand on.

 

[cbg]

You have no leg to stand on, frankly. In 49 out of 50 states, including yours and unless a legally binding and enforceable contract or CBA expressly says otherwise, you can be fired, legally, because the day of the week ends in Y. You cannot be fired for a reason expressly prohibited by law but this is not one.

There is nothing we can tell you that you can "use to your advantage to keep them from firing you". If they fire you, you are fired and it is legal. You would not have a lawsuit of any kind. Rather than their being afraid of a lawsuit, I think it's more likely they're simply trying to figure out what happened and whether they have enough invested in you to overlook it.

Remember, a wrongful termination does not mean being fired for something you did not do.

 

[commentator]

Many employers do not like to terminate employees if they can get them to quit instead. But since you have been there only two weeks that sort of negates one of the reasons they prefer to encourage employees to quit.

That is related to unemployment benefits, and your possible eligibility for them. If they terminate you, to keep you from receiving unemployment, which costs them money, they must show that they had a valid misconduct reason to terminate you. If you just quit, not so much, you probably will not be approved for benefits.

But since you have been there for such a very short time, any cost to their unemployment account would be minimal even if you were able to be approved for unemployment, so that shouldn't be a huge concern.

About the only thing I can think of is that they really don't prefer to fire you, maybe they do really like you, or maybe they have paid a recruitment fee or invested time in you that they don't think they can recoup if you are terminated at this point perhaps?

Because as it as been explained to you, even keeping you on paid suspension isn't really necessary. There's no legal reason they couldn't just suspend you without pay, or terminate your employment as soon as the slightest question about your possible past criminal history or your possible falsification of the application came up. There's nothing you could've done if they had done that, such as getting an attorney and suing them for some violation of an employment law, because there isn't any law that has been broken.

That said, it is also true that some employers are pretty ignorant of the employment and labor laws they are operating under, they may be trying to handle this situation cautiously because they don't really know that you don't have any legal recourse.

They've met with you again, they've reviewed your proof that you were not charged with a felony, they've still got you on the payroll... I'd be guardedly optimistic about things at present. But there's really nothing else you can do but perhaps apply prayer.

 

[jbrock183]

Many employers do not like to terminate employees if they can get them to quit instead. But since you have been there only two weeks that sort of negates one of the reasons they prefer to encourage employees to quit.

That is related to unemployment benefits, and your possible eligibility for them. If they terminate you, to keep you from receiving unemployment, which costs them money, they must show that they had a valid misconduct reason to terminate you. If you just quit, not so much, you probably will not be approved for benefits.

But since you have been there for such a very short time, any cost to their unemployment account would be minimal even if you were able to be approved for unemployment, so that shouldn't be a huge concern.

About the only thing I can think of is that they really don't prefer to fire you, maybe they do really like you, or maybe they have paid a recruitment fee or invested time in you that they don't think they can recoup if you are terminated at this point perhaps?

Because as it as been explained to you, even keeping you on paid suspension isn't really necessary. There's no legal reason they couldn't just suspend you without pay, or terminate your employment as soon as the slightest question about your possible past criminal history or your possible falsification of the application came up. There's nothing you could've done if they had done that, such as getting an attorney and suing them for some violation of an employment law, because there isn't any law that has been broken.

That said, it is also true that some employers are pretty ignorant of the employment and labor laws they are operating under, they may be trying to handle this situation cautiously because they don't really know that you don't have any legal recourse.

They've met with you again, they've reviewed your proof that you were not charged with a felony, they've still got you on the payroll... I'd be guardedly optimistic about things at present. But there's really nothing else you can do but perhaps apply prayer.

Finally, someone actually took the time to read my entire post and respond in a way that is relevant to what I am asking . I've not questioned my legal rights, or my ability to sue them if they fire me, termination, or anything in that range. My question has been 'why didn't they just fire me' and why are they paying me when they have absolutely no legal obligation to do so?'. This is a global company so I have no doubt they have the best of the best in human resources and ethics and compliance department.

As you said, this company has already invested considerable amount of financial resources in the process of offering me an employment opportunity. I was contacted by a recruiter asking me to apply for the position. I have at least 150 maybe even 200 emails sent and received during the hiring process. For some reason, it took several weeks For them to obtain a complete background check. They sent several offer letters, each One being followed up with an email from an HR representative. Age email stated they were almost finished with my background process and then I would been working as soon as possible.

This is a professional position at the level of operations, and I have just completed a Masters degree in the field. I also have a master's degree in clinical psychology. So it is a perfect fit for what they are looking for. I have also completed an internship with another large/global company (Amazon Call Center). So I have completed internships and other leadership opportunities with Amazon. The focus of study in the field is directly related to call center employees and a position that only requires a bachelors degree.

I have all the requirements of the position. It is just scary to be on suspension. If I lose my job I lose my livelihood.

 

[jbrock183]

Finally, someone actually took the time to read my entire post and respond in a way that is relevant to what I am asking . I've not questioned my legal rights, or my ability to sue them if they fire me, termination, or anything in that range. My question has been 'why didn't they just fire me' and why are they paying me when they have absolutely no legal obligation to do so?'. This is a global company so I have no doubt they have the best of the best in human resources and ethics and compliance department.

As you said, this company has already invested considerable amount of financial resources in the process of offering me an employment opportunity. I was contacted by a recruiter asking me to apply for the position. I have at least 150 maybe even 200 emails sent and received during the hiring process. For some reason, it took several weeks For them to obtain a complete background check. They sent several offer letters, each One being followed up with an email from an HR representative. Age email stated they were almost finished with my background process and then I would been working as soon as possible.

This is a professional position at the level of operations, and I have just completed a Masters degree in the field. I also have a master's degree in clinical psychology. So it is a perfect fit for what they are looking for. I have also completed an internship with another large/global company (Amazon Call Center). So I have completed internships and other leadership opportunities with Amazon. The focus of study in the field is directly related to call center employees and a position that only requires a bachelors degree.

I have all the requirements of the position. It is just scary to be on suspension. If I lose my job I lose my livelihood.

It is almost impossible for me to believe someone, especially at this level would put forth so much effort to keep me. I had some pretty impressive competition. I guess I will find out more soon!

 

[cbg]

There could be 100 different reasons why they didn't just fire you. Anything any one of us could say is nothing but a guess.

I'm not unsympathetic to your situation - not in the least. But we are not the ones who suspended you. We don't know why they did. It could be for the reasons commentator suggested; it could be for any one of a number of different reasons. One thing I do promise you; it was not because of the threat of a lawsuit.

 

[jbrock183]

There could be 100 different reasons why they didn't just fire you. Anything any one of us could say is nothing but a guess.

I'm not unsympathetic to your situation - not in the least. But we are not the ones who suspended you. We don't know why they did. It could be for the reasons commentator suggested; it could be for any one of a number of different reasons. One thing I do promise you; it was not because of the threat of a lawsuit.

With all due respect, I have not implied anyone on this site suspended me. I also didn't ask or assume anyone on this site could offer a specific 'reason' I have been placed on paid suspension. It was my understanding this is an 'advice forum'. My only goal was to get feedback from people who might offer helpful advise about things that might make an impression on the Compliance Department that might influence them to be more 'for' my faver rather than 'against my favor. Even a how to respond. Even if it's writing a cerain type of email, sending them flowers or cookies. (these are arbitrary examplesbut I hope it makes my point). I have also not asked how to sue them.

Finally, I am not an attorney or in any profession related to legal advice. However, I have been a supervisor in a state funded organization. This has given me knowledge that there are situations that could result in a lawsuit. Hypothetically speaking; what if they hired me (either knowingly or unknowingly) and Ihave violated certain regulations that would prevent me from legally being employed in order for them to recieve a certain type of State or Federal Funding.? This would be a situation where technically they are breaking the law and in violation of contractual agreement).

There are definitely issues that could potentially result in a law suit. This is just one example. Again, I came here for advice. I appreciate all the positive, friendly, and accurate information.

 

[cbg]

Thanks for your reply. I have directly asked the people who put me on paid suspension. The reason they gave me was due to criminal charges from almost 22 years ago that did not show in my original background check. Initially they thought one of the charges was a felony. However, during our second conference call I provided them with documentation that proved the charge had been reduced to a misdemeanor.

Obviously they have found it to be serious enough to place me on suspension. I believe they would have fired me on the spot if there wasn't something giving them concern I would have grounds for a law suit. I have only been there a little less than 3 weeks, so I highly doubt they are keeping me with pay because the like me. I haven't had time to build that type of relationship.

Perhaps I should phrase my question another way. They could technically terminate my employment for any reason. What are some possible legal consequences that would cause concern on their part? If I just had some idea of what is working in my favor, I could use that to my advantage. I need some ideas while I am still an employee. If they terminate my employment, I will most likely be left with no leg to stand on.

Q4P

There is no way to interpret the bolded statement other than that you believe they would be doing something illegal by firing you. In your hypothetical example,"Hypothetically speaking; what if they hired me (either knowingly or unknowingly) and Ihave violated certain regulations that would prevent me from legally being employed in order for them to recieve a certain type of State or Federal Funding.? This would be a situation where technically they are breaking the law and in violation of contractual agreement)" the solution to a lawsuit would be to fire you and there would be no need to discuss the matter. Hardly the same situation.

I have been in some form of HR for some 30+ years. There is no guaranteed way to ensure that things go your way. What would be effective on one personality would be ineffective on another. The "certain type of email" might make A think kindly of you and make B decide to fire you.

Once again; ONLY the people who actually suspended you know why or what it would take to make them decide to keep you.

 

[jbrock183]

Q4P

There is no way to interpret the bolded statement other than that you believe they would be doing something illegal by firing you. In your hypothetical example,"Hypothetically speaking; what if they hired me (either knowingly or unknowingly) and Ihave violated certain regulations that would prevent me from legally being employed in order for them to recieve a certain type of State or Federal Funding.? This would be a situation where technically they are breaking the law and in violation of contractual agreement)" the solution to a lawsuit would be to fire you and there would be no need to discuss the matter. Hardly the same situation.

I have been in some form of HR for some 30+ years. There is no guaranteed way to ensure that things go your way. What would be effective on one personality would be ineffective on another. The "certain type of email" might make A think kindly of you and make B decide to fire you.

Once again; ONLY the people who actually suspended you know why or what it would take to make them decide to keep you.

Thank you for taking the time to read my request for advice. Thank you for pointing out my question had requested that all advice given should be 100% accurate. You have been helpful, encouraging, supportive, and relevant. I appreciate your time and consideration.