Pre employment / not eligible for rehire

[sir812006]

2016-I applied to a job and received a offer letter. I went through pre employment but the offer was rescinded because i didnt know i had to disclose a dismissed conviction in 2006 (arizona diverson program). I tired to pled my case gave them the disposition but was told it look like i lied and there a strict company policy. I was told i could try again in 6 months.
2017- applied to a different position same company. I made sure i disclosed the dismissed conviction on the application. Got an offer letter. Went through pre employment and offer got rescinded again. They told me. I was mark not eligible for rehire in there system because i was released due to failure to disclose in 2016 application. So basically they saying i was employed there then fired. But i never worked for them. Never started. When is employment actually established? Start day or offer letter to hire. Can they mark me as not eglible for rehire if i was never empolyed? Is pre empolyment considered hired if you dont pass pre employment? I was told i could never work for the company ever because of this not eligible for rehire. Can they use a 2016 application against me?

 

[cbg]

They do not owe you a job, and they are not obligated to hire you or allow you to apply. No, you were not employed by them but if they want to make you not eligible for hire because of your failed previous application, and the only option their system gives them is to call it not eligible for REhire, there is nothing illegal about that.

 

[ShyCat]

When is employment actually established?

At that particular employer, and probably many others, they apparently considered "employment actually established" as soon as you were entered into their payroll/HR system as an employee with a future start date. There are a lot of steps that need to be done before a new hire ever steps through the doors on their first day. It might have stung a bit less if they'd been upfront with you at the outset instead of trying to soften the blow with the "you can re-apply in six months" brush off, but it wouldn't change anything.

 

[sir812006]

Offe letter

So is an offer letter of employment mean you are an employee of that company? so soon as you sign the offer letter you are an employee? My understanding its an offer of employment based on passing all these checks. Is that really employment if you never passed pre employment. Its "Per" employment because its before employment right?

 

[Shadowbunny]

So is an offer letter of employent mean you are an employee of that company? so soon as you sign the offer letter you are an employee? My understanding its an offer of employment based on passing all these checks. Is that really employment if you never passed pre employment. Its "Per" employment because its before employment right?

It doesn't matter either way; the outcome is the same. Regardless of how their system views you, they have deemed you ineligible to hire.

It's quite possible that the "try again in 6 months" line was simply to make you go away.

 

[cbg]

Why does it matter whether it's "not eligible for hire" or "not eligible for rehire"? Both are legal and either way you don't have a job.

 

[sir812006]

Why does it matter whether it's "not eligible for hire" or "not eligible for rehire"? Both are legal and either way you don't have a job.

When you an EEOC empolyer does matter because you still have protected rights.

 

[cbg]

Yes, but they have not been violated here regardless of whether you are not eligible for hire, or not eligible for rehire. You do not have a right to a job. You are not being turned down for a job because of any protected characteristic. You are being turned down because you lied on your application the first time. That is a legal reason to fire you, it is a legal reason to not hire you and it is a legal reason to not rehire you. This has nothing to do with the EEOC or anything that falls under their jurisdiction. You have no legal options here. The law is not going to force them to hire you and the law is not going to force them to allow you to apply. You need to forget working for this company and move on.

 

[sir812006]

Yes, but they have not been violated here regardless of whether you are not eligible for hire, or not eligible for rehire. You do not have a right to a job. You are not being turned down for a job because of any protected characteristic. You are being turned down because you lied on your application the first time. That is a legal reason to fire you, it is a legal reason to not hire you and it is a legal reason to not rehire you. This has nothing to do with the EEOC or anything that falls under their jurisdiction. You have no legal options here. The law is not going to force them to hire you and the law is not going to force them to allow you to apply. You need to forget working for this company and move on.

Im wondering are you a lawyer by any chance?

 

[cbg]

No, I am not. I am a 40 year HR professional with a thorough knowledge of and experience with employment laws.

Tell me, what law do you think is being violated here?

 

[sir812006]

Hiring practices

No, I am not. I am a 40 year HR professional with a thorough knowledge of and experience with employment laws.

Tell me, what law do you think is being violated here?

I dont know if they broken any laws just yet that what im trying to figure out. There is something fishy definitely. So was i considered an empolyee once i signed the offer letter? If yes then i was considered an employee 2017 once i signed the offer letter in 2017. therefore i was hired again. So how all of sudden im not eligible to be rehired when i was hired again? I was told i can not apply and im not eligible for rehire and i can never work for this company ever. Sound like what was done. They made it seem like i worked there then terminated me then mark me down as not eligible for rehire. So since you are HR person. Do you willing just tell people they not eligible for rehire? Can you put a not eligible for rehire on a person that was never an empolyee? That would bring up denial of applications hiring practces in question. I am being treated like ever every candidate/applicate/ empolyee/rehire. ( not sure which on i fall under) it seem pretty fishy to go back to apply a 2016 application mistake and use it in a hiring decision on a 2017 application. Is that normal practices?

 

[CTU]

I dont know if they broken any laws just yet that what im trying to figure out. There is something fishy definitely. So was i considered an empolyee once i signed the offer letter? If yes then i was considered an employee 2017 once i signed the offer letter in 2017. therefore i was hired again. So how all of sudden im not eligible to be rehired when i was hired again? I was told i can not apply and im not eligible for rehire and i can never work for this company ever. Sound like what was done. They made it seem like i worked there then terminated me then mark me down as not eligible for rehire. So since you are HR person. Do you willing just tell people they not eligible for rehire? Can you put a not eligible for rehire on a person that was never an empolyee? That would bring up denial of applications hiring practces in question. I am being treated like ever every candidate/applicate/ empolyee/rehire. ( not sure which on i fall under) it seem pretty fishy to go back to apply a 2016 application mistake and use it in a hiring decision on a 2017 application. Is that normal practices?

Have you considered the possibility that the employer's database might have only two options available to the person who's entering the data?

Seriously. I worked for one of the biggest pharmaceutical companies in the world and as a data analyst it frustrated the heck out of me when I realized that program only had two options ... when it really needed at least three, and at least one more field if someone had to add a notation.

 

[sir812006]

Have you considered the possibility that the employer's database might have only two options available to the person who's entering the data?

Seriously. I worked for one of the biggest pharmaceutical companies in the world and as a data analyst it frustrated the heck out of me when I realized that program only had two options ... when it really needed at least three, and at least one more field if someone had to add a notation.

That could have two options but i dont believe so because the rep read from notes. I pass an internal scan, the DT, education and employment verification. They did fingerprint and all of sudden im not eligible for rehire. I passed all those check before some one realized i was not eligible for rehire? I highly doubt that was the case because i got the same ID number for for my login. So that leads me to believe i have the same profile.

 

[CTU]

That could have two options but i dont believe so because the rep read from notes. I pass an internal scan, the DT, education and employment verification. They did fingerprint and all of sudden im not eligible for rehire. I passed all those check before some one realized i was not eligible for rehire? I highly doubt that was the case because i got the same ID number for for my login. So that leads me to believe i have the same profile.

I'm a huge fan of Occam's Razor.

 

[sir812006]

I'm a huge fan of Occam's Razor.

Oh okay cool