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Possible Wrongful Termination
- Thread starter IBJ
- Start date
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What is the name of your state (only U.S. law)? New York
I recently graduated with a bachelor's and with a prior conviction and all, I searched high and low for a career opportunity. I received a call for an interview, which went well, and a job offer followed. The offer was contingent upon all pre-employment checks. I followed through with the process--consented to background check, completed drug screen and a physical--and after about a month, I received a call to start. I reported as scheduled and started working. After working for 6 weeks, I was called to my boss' office and told that we're on a contract with the facility where we worked, and that in order for the facility to issue me an Identification Card, I'll have to repeat the pre-employment process with the facility--this after having completed the process with my employer prior to starting. I agreed and started the process with the facility. After giving everything that was required of me, I was again called into my boss' office and told to take a few "paid" days off until everything clears with the facility. I agreed and stayed home, during which time, my boss occasionally called for information or paperwork, which I forwarded right away. After about a week of being at home, I received a call from my boss to come in because 'we needed to speak'. I reported the next morning and was told by my boss that the facility refused to issue me an identification card due to my prior conviction, and as such, my employer would no longer continue employment. I'm very confused and was wondering if everything done here was legal. Please advise, thank you.
What is the name of your state (only U.S. law)? New York
I recently graduated with a bachelor's and with a prior conviction and all, I searched high and low for a career opportunity. I received a call for an interview, which went well, and a job offer followed. The offer was contingent upon all pre-employment checks. I followed through with the process--consented to background check, completed drug screen and a physical--and after about a month, I received a call to start. I reported as scheduled and started working. After working for 6 weeks, I was called to my boss' office and told that we're on a contract with the facility where we worked, and that in order for the facility to issue me an Identification Card, I'll have to repeat the pre-employment process with the facility--this after having completed the process with my employer prior to starting. I agreed and started the process with the facility. After giving everything that was required of me, I was again called into my boss' office and told to take a few "paid" days off until everything clears with the facility. I agreed and stayed home, during which time, my boss occasionally called for information or paperwork, which I forwarded right away. After about a week of being at home, I received a call from my boss to come in because 'we needed to speak'. I reported the next morning and was told by my boss that the facility refused to issue me an identification card due to my prior conviction, and as such, my employer would no longer continue employment. I'm very confused and was wondering if everything done here was legal. Please advise, thank you.
Zigner
Senior Member, Non-Attorney
Look at https://www.labor.ny.gov/careerservices/ace/employers.shtm and scroll down to "Previous Conviction Record". That will give you information.
ETA: You will see from that site that it may be, or it may not be, illegal discrimination. You should seek a consultation with a local attorney to review the specifics of your case. Best of luck to you.
ETA: You will see from that site that it may be, or it may not be, illegal discrimination. You should seek a consultation with a local attorney to review the specifics of your case. Best of luck to you.
Taxing Matters
Overtaxed Member
I agree that seeing an attorney may be a good idea. However, the problem here is apparently not that the employer is refusing to hire the OP, but rather that the client of the employer requires that people entering the job site have IDs issued by the client and the client will not issue the ID. Thus, the employer is firing the employee not because of the conviction record but because the client won’t let the employee on the site, and thus the employee cannot do his job. As a result I do not see fault by the employer here. I do not know if NY law would impose the same requirements on a company screening contractors as it does employees. If if does, then the likely recourse would be to go after the client for any violation of that rule rather than the employer.