Fired Due to Problems on Background Check

Hello all.


About a year and a half ago, I was hired for part time at JCpenny in Suffolk county NY.

I completed the interview, was given the salary I'd get (Hourly) and I was told I would start the next week. To my knowledge everything was put in the system and I was just waiting to be on the schedule.

A few days after I got my pay info and what-not, I was called and told there was a "Delay" on my background check and that I was not going to be considered any longer.


At this time, I had 3 pending charges for Assault 3rd degree, Disorderly conduct, and menacing 4th degree, maybe 3rd I don't even remember. I have NEVER been convicted of a crime in my life besides traffic violations.

They told me they would mail a report to me as to what the background check found and it found the three pending charges. They never gave me any opportunity to even explain the charges were pending and I've never been convicted of anything, they pretty much told me "Yeah sorry there's a been a delay we will mail you the report have a good day" and that was it almost word for word over the phone.



Even though I was angry at the time, I never acted upon this event until recently since people have been telling me that what they did is not right and they are liable to be confronted with a lawsuit perhaps, which I would gladly pursue. I've done a lot of reading on Employment background check procedures and laws they must follow and things they cannot do and it seems to me in NY that they could possibly be sued. Can anyone with the knowledge give me some advice or an opinion on what I should or could do?


Any more info that I need to clarify let me know. Thanks.

Quote:

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I've done a lot of reading on Employment background check procedures and laws they must follow and things they cannot do and it seems to me in NY that they could possibly be sued.

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The State of New York prohibits employers from denying employment based on criminal records unless they have a direct bearing on the fitness of the applicant to carry out the job responsibilities.

And THIS is where it's tricky. Presumably, in a retail position, you would be dealing with customers face to face. It can plausibly be argued that with pending charges of assault, menacing, and disorderly conduct, you presented a potential danger to clientele. You can certainly consult with a local employment law attorney to see what potential case - if any - you might have, but understand that you might not have one at all.

Follow Missy’s advice. You may have a statute of limitations problem because you waited so long to act. I think the limitations period for this type of anti-discrimination claim is one year or less.

Nonetheless, it would behoove you to confer with a knowledgeable local attorney to ascertain definitely the limitation period and the potential viability of such a claim.

Thank you for the speedy replies. I completely understand that it could be considered that I would be harmful to the environment I'm working in sure, but I was never told or informed that it would even scan for pending charges and I never had an opportunity to even say they were pending and that I've never been convicted of anything. Nothing.

"Have you ever been convicted of any misdemeanor or felony for which the record has not been sealed or deleted? Do not include minor traffic violations or marijuana use older than 2 years. Please note that a conviction will not necessarily keep you from being employed by JCPenney or one of its subsidiaries."

^I answered NO to this and that was the ONLY information on the entire app that included a background check for criminal history. I said No because I don't have any convictions. I just cannot understand how they could legally go about that in the way they did.


Also, I must correct the time frame.. It may actually be approaching on 1 year if that. Depending on the circumstances of employment discrimination it seems that it can be as short as 180 days or in NY as long as 3 years.. I will confirm this with an attorney though assuming I even have anything. These charges were brought upon me whilst I was in an impaired state which I wouldn't have said obviously, but I believe I read somewhere on this site that they should know the conditions and circumstances of which these charges were brought on if pending and not become judgmental on ones ability with no knowledge of a charge that I wasn't convicted for.. I donno.