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  1. #1
    Join Date
    Nov 2013
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    3

    Angry Fired for Lying About My Criminal Past or Fired for Having One

    My question involves labor and employment law for the state of: New York, Connecticut, Pennsylvania, and North Carolina.

    In July 2013 I applied for, interviewed for and was offered a job in the IT field with a foreign Company(India). This company has a listed company headquarters in New York. I was living in Philadelphia at the time and had a great long term contract position as a system analyst for a financial firm. The job that I accepted was for writing programs to modify medicaid claims processing for the State of Connecticut Human Services division.

    The good part about the job was that I was to work from my home office. (no driving or bus to work!). It was also a permanent job on a W2 with full benefits. (My contract position was on a 1099 without benefits). I took a pay cut to take this job because it was permanent and offered benefits. (pay decrease from 110,000 to 80,000). Since I have a wife and child I really wanted the health insurance because we did not have any.

    Because of the high cost of living in Philadelphia and the huge pay cut I took for this job, I moved my family to North Carolina where the average house costs about 160,000.

    On or about July 2006 I was charged with a class 5 felony in Colorado for returning 2 hours late to a halfway house. ( I called , I was in night traffic court in Denver, by the time I called the warrant for my arrest was already issued) . I thought that it was already 7 years past.

    I moved to North Carolina and started working. Near the End of September, I was told that they had found something in my background. They gave nothing in writing. I LIED ABOUT IT AND SAID THAT IS WASN'T ME !

    I sent in fake documents to try to prove that I was working someplace else during the time they said I picked up the conviction! On 30 September they fired me. I should not have lied but.. I have a wife and a kid and had no money and no where to go with a total loss of income!

    My first car was repossessed. My electricity and water were turned off. I had to apply for food stamps. I cant get unemployment because my last job was on a 1099. My cable will be shut off next week. My other car will be repossessed in about 2 weeks. (There is no public transportation where we live) I'm about to be evicted. I can't look for a job without my internet or transportation to apply for and get to work ! That's why I lied. I panicked ! How can I support my family? THIS CAUSED ME A SEVERE HARDSHIP I BROKE OUT with HUGE WARTS ON MY HANDS AND FEET FROM STRESS !

    Can I sue them for wrongful termination?

    The form that I signed gave permission for a background verification (education, work history, etc) they did not say anything about a "criminal background check". (Fair Credit and Reporting act)

    They will not disclose the Company that supplied the information. (Don't I have a right to know in case of bad information or in case I want to dispute something, Fair Credit and Reporting Act)

    The never gave me anything in writing about what they uncovered in my background. (fair Credit AND Reporting Act)

    My offense was past 7 years old. (Fair Credit and Reporting Act)

    My offense had nothing to do with the job I was hired for. (Fair Credit and Reporting Act)

    I don't want to play the race card but black 1 in 3 black men will serve time ! This background check stuff has a more serious affect on black men. The background check requirement is keeping me from getting a job. I have a masters degree in Information Systems and 18 years experience. (Fair Credit and Reporting Act , title 7)

    I have had over 8 interviews in the past 5 weeks. I have had one offer in the banking industry ( I did not know that they finger printed contractors !) I had one Company offer to fly me to Virginia for a 3rd and final interview. I turned down the trip when I found out about the no-time-limit-background verification.. (C'mon , it was for a home builder working on building supplies inventory programs!). I am flying to Chicago next week for a third and final interview with a manufacturing company.... I hope they do not background check me ! (At least not past 7 years back)

    My criminal background check does not tell them that :
    I was appointed by the Governor of Colorado to serve on the Consumer utility board.
    That I was a 4-H leader in Adams county helping hands 4-H club.
    That I fed the homeless with my church on Wednesday nights.
    That I was vice president of the Rocky Mountain Peruvian Paso riding club.
    That I taught at 4 colleges as adjunct faculty for 7 years.
    I served honorably in the US army for 6 years. Born in Washington DC..... Yet there are guys at Denver International Airport driving shuttle buses and handling baggage wearing Turbans. I can't get a job at an Airport because of my felony.

    I was interviewed by a 5 person panel (5 H1B visa holders) at an Large American Company. I could hardly understand the questions.
    I have a few good friends from India. Do they get background checked? They don't have an FBI or State Bureau of Investigation. All you can do is check with the regional police to see if they have criminal histories. I can't compete with these guys ... plus they are cheaper.

    I wish corporate America would wake up. If they keep shipping jobs overseas, Americans won't have money to spend on their products..we'll all be unemployed .The long term effects are gonna be devastating. Lets at least level the playing field. I have never heard of an East Indian with a criminal record.. (If they had one we couldn't find it!). They get hired by IT managers from India, they don't always need the PERFECT technical experience! They hold me to every single listed experience requirement ! ( I have 4 friends from India that in Job titles that they have never held before... they got trained on the job by the job!.... but then again they're cheaper)

    My punishment does not fit the crime. I have lost over 250000$ in lost wages due to my criminal history. I made some mistakes but its not supposed to be like this. And can't own a gun.. I have not been in a fight since 5th grade ! My punishment does not fit the crime.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    Of course you can't sue them for wrongful termination. What law do you think exists that says you can't be fired for lying to your employer?

    How long ago your offense was has nothing to do with it. There is nothing in the law that says you can lie with impunity as long as the offense was x years ago.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    Did you actually apply for UI or do you just think you can't because of the 1099? Many 1099 employees aren't supposed to be, and the states have been known to reclassify the 1099 wages and they do eventually get UI benefits.

    I wouldn't apply in NC where you currently live because their benefits are terrible, but PA is a very good place to start if that's where the 1099 earnings come from so you can create a base period for yourself.

    When you apply, don't tell this story. Just say, "discharged," and leave it at that and let the employer be the first one to go first.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    (Warts are caused by a virus, by the way)

    I think you actually have a valid case. They shouldn't be allowed to discriminate based on you being part of the Rocky Mountain Peruvian Paso riding club.

    I also don't think they should fire you for your racism...uh..I mean dislike of headgear.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    My first car was repossessed. My electricity and water were turned off. I had to apply for food stamps. I cant get unemployment because my last job was on a 1099. My cable will be shut off next week. My other car will be repossessed in about 2 weeks. (There is no public transportation where we live) I'm about to be evicted. I can't look for a job without my internet or transportation to apply for and get to work ! That's why I lied. I panicked ! How can I support my family? THIS CAUSED ME A SEVERE HARDSHIP I BROKE OUT with HUGE WARTS ON MY HANDS AND FEET FROM STRESS !
    what good is cable if you don't have power?


    My offense was past 7 years old. (Fair Credit and Reporting Act)
    So?

    http://www.ftc.gov/os/statutes/fcra/nadell.shtm

    e note that there has been a significant change in Section 605(a) of the FCRA since you wrote your letter. The "Consumer Reporting Clarification Act of 1998" (Senate Bill 2561, Pub. L. No. 105-347) ("CRCA"), which was signed into law by President Clinton on November 2, 1998, amended the FCRA by, interalia, removing all restrictions in Section 605(a) on the reporting of criminal convictions by CRAs. Prior to the CRCA, convictions could in most cases be reported only for seven years (the general reporting period in Section 605(a) for non-bankruptcy items of adverse information); as a result of the CRCA, criminal convictions may now be reported regardless of the length of time that the conviction antedates the report. Our responses to your questions (summarized in italics below) incorporate this recent change in the FCRA.
    I don't want to play the race card but black 1 in 3 black men will serve time !
    Here is my theory on that:

    the reason there is such a high rate of incarceration in the black community, 1 in 3 will serve jail or prison time in their life is because not all of them that commit crimes get caught. Otherwise it would be higher.

    This background check stuff has a more serious affect on black men.
    sure it does but apparently it is deserved since 1 in 3 of them are incarcerated sometime in their life.



    That I fed the homeless with my church on Wednesday nights.
    how did they ever digest that? Heck, how did they chew it. Sure hope there wasn't any masonry work in you church.

    That I was vice president of the Rocky Mountain Peruvian Paso riding club.
    That sounds kind of gay. Is that a gay horse rider's club? If so, forget about the discrimination because you are black Go with the gay angle. That is the hot ticket nowadays. Discrimination against blacks is so yesterday.



    I served honorably in the US army for 6 years. Born in Washington DC..
    .Wow, born in DC. I would be careful about advertising that too much. They have a ton of politicians there and I don't know about you but I would hate to be associated with that kind of people.

    .. Yet there are guys at Denver International Airport driving shuttle buses and handling baggage wearing Turbans.
    do they put the little red caps up on top of the turbans? I always wondered how they wore a hat AND a turban at the same time.

    I can't get a job at an Airport because of my felony.
    Well, I guess that means the guys with the turbans aren't felons. That should be comforting when you go there then. I know I would hesitate about working around a felon. They have been known to do things, you know, like, criminal things.

  6. #6
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    Quote Quoting NOTTHEONE
    View Post
    I sent in fake documents to try to prove that I was working someplace else during the time they said I picked up the conviction!
    that was irredeemably stupid.

    those fake documents 100% guarantee you will lose any UI hearings, they also mean that you may not qualify for public assistance and may lose food stamps if your state has voluntary quit/provoking your own discharge from employment rules. as such rules will trigger on most intentional acts that cause you to be fired.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    This is pure speculation on my part, but I'm fairly certain OP wouldn't have lost that much in salary if he'd worked there for 10 years...

    Jes' sayin'.

    - - - Updated - - -

    And uh...yeah. About Philly. The cost of living?

    Methinks OP should check that, specially when comparing the COL in other major cities.

  8. #8

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    Quote Quoting Dogmatique
    View Post

    And uh...yeah. About Philly. The cost of living?

    Methinks OP should check that, specially when comparing the COL in other major cities.
    The price of housing in the Philadelphia area is terribly over priced.

  9. #9
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    Thank you,

    I have applied and I hope Pennsylvania decides I was an employee not a real contractor. The job I was fired from did not count because it was too recent. They will be basing my unemployment on previous quarters. I will get a job pretty quickly... But I will NEVER LIE again !

    - - - Updated - - -

    OK , Thank you ! I learned my lesson !

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Fired for Lying About My Criminal Past or Fired for Having One

    Quote Quoting Security Consultant
    View Post
    The price of housing in the Philadelphia area is terribly over priced.


    It's actually not, in comparison with certain other big cities. And that's not even touching on the obvious truth that Philly has areas where rents are much, much cheaper...if you get my point

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