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View Full Version : Yet another legl question for our smart legal peoples here.


Sean of the Thread
12-16-2010, 11:09 AM
Employment.

Went to three interviews at (blank & blank).

I was almost hired on the spot on the first initial interview but they had some major client come in and buy like 30k in shit and had to cut it short and sorry come back tomorrow. I did. Guy was out sick come back tomorrow he said. Thanks for the courtesy call I said in my head.

Anyways. Third time in I sit down with a manager for an interview and it's basically a heavy lifting grunt job which I'm more than happy with at the moment.

Everything went well until he asked me "have you ever been arrested?". I of course said yes. At which point he ended the interview and said if you pass the back ground check the GM will interview you next.

As an operations manager in the past I know you're not allowed to ask someone if they've ever been arrested in an interview. I believe you can ask someone if they've been convicted of something relevant to position such as fraud/theft etc. The application even stated only write down felony convictions not misd shit. I'm not a felon amazingly.

The fact that he ended the interview at that point and they've since posted another NOW HIRING ad yesterday (a week after my interviews) sort of pissed me off so I called and asked about my interview and they said sorry tough shit. I asked why and they said we don't give out that information. Wtf??

I want to make a complaint to the company just out of spite but on the other hand maybe this young (cocky ass) manager just made a mistake out of ignorance and I don't want to fuck his shit up really if that's all it was but to me it looked like discrimination.
HouseofElves
12-16-2010, 11:27 AM
I've done hiring for my business and I'm fairly sure you are not allowed to ask if someone has been arrested before, at least in the state of Texas. You can ask if they have been convicted of a felony, but that's it. We can't even ask them if they are guilty of fraud unless it was felony-fraud/theft. We just let the background check do the work.
Keller
12-16-2010, 11:31 AM
Quick internet search tells me in NY they cannot ask if you've been arrested, but they can ask if you've ever been convicted.

I assume both are true.
AnticorRifling
12-16-2010, 11:41 AM
So you knew he couldn't ask that question but you answered it anyway?
Parkbandit
12-16-2010, 11:46 AM
I wouldn't waste your time Sean. It's he said/she said and you have no proof she didn't ask you if you've ever been convicted instead of asking if you have ever been arrested.

Let it go and put your energy towards getting a job.
Sean of the Thread
12-16-2010, 11:54 AM
I wouldn't waste your time Sean. It's he said/she said and you have no proof she didn't ask you if you've ever been convicted instead of asking if you have ever been arrested.

Let it go and put your energy towards getting a job.


Oh I want to be clear that I was not seeking any legal recourse over this just that I wanted to make a complaint or a suggestion that perhaps they shouldn't use that practice any further.

Yes I've been arrested you all know that. Misdemeanor.

This is in Florida not NY btw. Just this cocky tool should have his general manager teach him how to properly interview.

And yes I answered the question as tactfully as possible because it wasn't a big deal to me and I wanted the job regardless.
Jace Solo
12-16-2010, 11:57 AM
I have to agree with the above. I'm pullin for ya Sean. Good luck there in NYC. Was it from a NYC only company or a national brand?
Ashliana
12-16-2010, 01:08 PM
If they asked a question they're forbidden from asking due to state or federal law, you might have grounds for a suit. You might want to contact your local Equal Employment Opportunity Commission (http://www.eeoc.gov/field/index.cfm) office.
Stanley Burrell
12-16-2010, 01:30 PM
There's a whole lot of crocodile smiling. The last thing I do is try to infer that an interviewer who seems impressed actually equates to anything.

Being spiteful is a bad method of motivating yourself. Combine this with not seeing through the fog of the politics in the hiring process, well, then you're setting yourself up, mentally at least, for bad juju. IMHO.

Edit: Headhunters. They exist. Find someone who knows someone, because in addition to paying for one -- the headhunter has their own M.O. and recommendations. Try and see if you can find somebody that has viably set up jobs for other folks.
Showal
12-16-2010, 01:32 PM
If they asked a question they're forbidden from asking due to state or federal law, you might have grounds for a suit. You might want to contact your local Equal Employment Opportunity Commission (http://www.eeoc.gov/field/index.cfm) office.

I think what PB said is right. Let it go. You can sue if you want, but I imagine that'll be seriously a lot more headache than it's worth and, in the end, it's an expensive game of he said/she said.

Good luck Sean.
Jace Solo
02-17-2011, 01:34 PM
How's the job stuff coming up there Sean? I start Saturday on the job it took me months to find. Pumped to be able to pay bills and dig my way out of debt!
NocturnalRob
02-17-2011, 01:45 PM
How's the job stuff coming up there Sean? I start Saturday on the job it took me months to find. Pumped to be able to pay bills and dig my way out of debt!
I doubt you'll get a response. He's probably working too hard...

http://forum.gsplayers.com/showthread.php?t=58372