PDA

View Full Version : In danger of losing job for being honest Massachusetts


emiller
12-26-2006, 04:52 AM
I was brought into this company as a temp approximately 6 months ago. In October due to complications with a pregnancy I had to leave my job. I returned on November 7th as a temp again working in the same department as when I left. After returning a full time position became available in another dept. and I applied for it, both supervisors thought I would be perfect for the job and submitted my paperwork to HR at the end of November. After turning in all my paperwork and being moved to the new dept. I was asked if I would agree to a background check. I agreed knowing I had two felony convictions on my record from almost five years ago. I had written it on my application never hiding it. On Dec.22 I was informed that HR had decided not to hire me due to the fact they didn't like what they found on my background check. When I had informed them ahead of time what was there. When I asked them what it was they found and why not hiring me after all that had taken place already they told me they were not allowed to tell me and that I would have to wait for them to mail me a letter the following week.My two supervisors still do not care about my past because it has nothing to do with the work I do and the way I perform. I was also informed that I am the first person in quite a while to have this check run on me. People who right NO in the space for felony conviction do not have checks run on them whether it is truth or lie. My question is ...
Is it legal to do this to me?
Is this discriminatory where I am the only one they have run a check on?
Do I have any options to save my job?
After going to HR and asking about it all I was told I could have two weeks then I would have to find employment elsewhere. I am still a temp and they never contacted the temp service is this legal?
I don't know much about laws so any help would be greatly appreciated.

Pattymd
12-26-2006, 05:16 AM
If you're asking if it is legal to do a background check, yes it is, as long as you agreed to it in the application or other document.

Having a felony conviction is not a legally protected class in your state (Wisconsin is the only state in which it is protected, to my knowledge), so while it may be discrimination to run a background check on you and not on others, it is not illegal discrimination if that's why they did it. Now, if they only ran background checks on African-Americans or Moslems or females, that would be illegal discrimination.

If the employer conducted the check themselves, they don't have to tell you at all the results of the test or why your application was rejected. If a third party conducted the check, they do have to tell you in writing, which may be why they are not telling you verbally.

I doubt you have any options at this point. If the employer chooses to reject your application because of your felony conviction, even though it has nothing to do with the job you would be doing, they may do so. Personally, I would not necessarily rule you out because of a felony conviction (depending upon what it was), but there is no law that is going to force the employer to offer you employment in spite of it.

They will inform the temp service in due time, I'm sure. Legally, they didn't even have to give you the two week notice.

I'm not unsympathetic, though, and it's not necessarily the way I would have handled it, but I do wish you good luck.

mikswi
12-26-2006, 07:06 AM
If it makes you feel any better, if you had checked "no" in the felony box - had you gotten the position and then 2 years from now they had run a background check for whatever reason say, a project that you were working on, client required it of those working with them, ect, you would have probably been fired immediately for lying on your application.

The employer has the right to do a check on anyone as long as its not a targeted group or type. It's rough that you may be out of a job now, especially bec ause you seem to like it and they like you. But they have their reasons. Maybe you could go back to the dept that you were in?

But, in all fairness, shame on the person that hired you as a temp when you DID disclose it on the application.

Massachusetts labor Law Posters
Comply with Massachusetts regulations with one Complete Massachusetts Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.