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.

