Any advice?

[ImUrOBGYN]

I'll try to make this quick. Applied for job, passed all tests, filled out all paperwork, passed drug test. Called the day before I'm supposed to start to be told I was being let go already due to my background check. I didn't list any convictions on my application. They told me I had two that showed up from Sterling Testing Systems and because I hadn't listed them, I was being let go. I questioned this as neither conviction was a felony but didn't push it too far since she told me I had to list all convictions. I then told her I believed that any convictions I've had, we're over 7yrs old. It clearly states "up to 7 years". Again, I didn't push it because I wasn't 100%sure about the dates and I don't argue unless I know for sure.

I received the paperwork from Sterling for LabCorp and it clearly shows the dates for the convictions are 9yrs old! They weren't even supposed to go back that far and those convictions (no drug, rape, murder or felonies) should not be used in the decision making process. It is possible, however that HR at LabCorp did not pay attention to the dates and only looked the info over thinking they were within the 7 years. I feel Sterling may be more to blame at this point.

So, I'm not sure what my course of action should be. I know the position is filled already. But I feel there should be some recourse for Sterling Testing Systems and/or LabCorp. I'm really upset about this. No, Im pissed, actually. Any ideas or advice would be greatly appreciated.

[Casper]

I'll try to make this quick. Applied for job, passed all tests, filled out all paperwork, passed drug test. Called the day before I'm supposed to start to be told I was being let go already due to my background check. I didn't list any convictions on my application. They told me I had two that showed up from Sterling Testing Systems and because I hadn't listed them, I was being let go. I questioned this as neither conviction was a felony but didn't push it too far since she told me I had to list all convictions. I then told her I believed that any convictions I've had, we're over 7yrs old. It clearly states "up to 7 years". Again, I didn't push it because I wasn't 100%sure about the dates and I don't argue unless I know for sure.

I received the paperwork from Sterling for LabCorp and it clearly shows the dates for the convictions are 9yrs old! They weren't even supposed to go back that far and those convictions (no drug, rape, murder or felonies) should not be used in the decision making process. It is possible, however that HR at LabCorp did not pay attention to the dates and only looked the info over thinking they were within the 7 years. I feel Sterling may be more to blame at this point.

So, I'm not sure what my course of action should be. I know the position is filled already. But I feel there should be some recourse for Sterling Testing Systems and/or LabCorp. I'm really upset about this. No, Im pissed, actually. Any ideas or advice would be greatly appreciated.

Moral of the story: Don't commit crimes.

 

Seriously though, if your facts are correct then you might be able to do something. What I'm not sure. Your first step would be seek and employment lawyer. These are the same guys who go after companies for unlawful termination. Make sure its a free consultation. See what they have to say. They may refer you to someone with expertise in personal information security and/or contracts. If the form you signed gave them right to go back seven years and they went back nine, you can get them for breach of contract I think.

[Drewhop]

Very wrong i would definately contact a lawyer about it. If your dates are correct make a issue of it. Might apologize and offer a job. I had a young lady at a place where i had worked do that and was given a job because of discrimination.

[Mojoe]

If you were told over the phone that the reason for you being let go was for the legal stuff, how are you going to prove it in court? You need to have them send you a letter(probable won't do) or have some way to show that is why they let you go.

[smokin5s]

If you were told over the phone that the reason for you being let go was for the legal stuff, how are you going to prove it in court? You need to have them send you a letter(probable won't do) or have some way to show that is why they let you go.

werd

[ImUrOBGYN]

If you were told over the phone that the reason for you being let go was for the legal stuff, how are you going to prove it in court? You need to have them send you a letter(probable won't do) or have some way to show that is why they let you go.

 

The paperwork I received is only sent if you are terminated for what I listed above. Also, they legally have to tell you that is what you're being let go for when it's due to what I listed above. So, I feel covered there.

Thanks so far for the advice, guys.

[Skinner]

sorry to hear. But isn't Ohio a right to work state? Secondly say you fight is and are found in the right and they offer you the job again do you think they will really want you there and would you really want to work there after having legal issues with them?

 

They would watch you closely wait for the first mistake and fire you.

 

I say chalk it up as a life lesson. Keep the paperwork and incase you find another job that ask for the same info and that way you will have your bases covered.

[Buckeye1647545503]

Move on

[verse]

Sue 'em.

[1Quik7]

i'd say look into it as well...if it says '7-year' on the application then i can't see why it would matter, although most companies do a 10-year background check. i applied to a company before, passed many tests, background checks and what not....but i didn't pass their personality exam?....haha, made me LOL seriously, i was smart enough to work for them, but they just didn't like who i was.

[HAOLE]

They can let you go because they don't like your hair color or any other non protected reason. Sorry about your luck.

[Mensan]

But isn't Ohio a right to work state?

 

An employer still has to let you go by legal means. The law is the law.

[LJ]

An employer still has to let you go by legal means. The law is the law.

 

 

Legal Means is just what was mentioned above. Any non-protected reason. Most likely they changed their mind on wanting to hire you.

[ImUrOBGYN]

My conversation with the HR lady was a very clear, concise converstation. I asked very specific questions to which I was given clear, specific answers. There is a million other reasons they could've given me other than a breach of contract background check. My new boss loved me, as well and had even told me how she really looked forward to working with me. Again, I was told I could apply for any job they had since I had aced every test given, passed a drug screen and have mucho lab xp.

Do I still want a job there after this? This question crossed my mind, as well and in similar sits, I've asked others the same question. Sometimes, it's not about that, it's about defending and standing for what you know is right. And in this case, as I stated above, my boss would probably be pretty happy about it. Also, the real culprits here may be Sterling Testing. You can bet I'll be having a convo with them, too.

Right to work state and all that other info is irrelevant. There was a breach of contract that resulted in me losing a job. That's what's important here.

Again, thanks to everyone who's posted here. It really does help me think this through and cover bases.