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  1. #1
    Join Date
    Feb 2007

    Default Employment Discrimination in Arkansas

    Please tell me if I do have case for unemployment discrimination because Im considering taking this to court.

    I have worked for this company (I'll call it company A) one time for 11 months - three weeks short of being there for an entire year, 3 years ago. I left for two reasons-
    1.) a co-worker was harrassing me after numerous times of being told to leave me alone. I finally filed a complaint with the local sheriff's office and it was taken care of.
    2.) I had completed an EMT-basic training course and I was told there was job openings at two local EMS companies. Neither panned out as I had hoped.

    After leaving company A I went to work for a nursing home. I was unable to physically do the job because I lacked the strength to lift residents. I left on otherwise good terms. I then went to work for a janitorial company. The company had too many people on payroll, so since I was the last one hired, I was also the first one fired. Fair enough, I had no complaints there. I worked there for four months. Then nine months went by and I had been unsuccessful in finding employment. I even went and applied back at company A, but I was never called back for an interview to begin the hiring process.

    In June of 2006 I went to work for a local residential services company that did various jobs such as carpet cleaning, floor re-finishing and air-duct cleaning. The only problem I had with this job was that my boss was highly unpredictable. In October I was released from that job. This was a part-time call to call based job.

    After that fell through I went back again and applied at company A. I put in several applications and I was never granted an interview to begin the hiring process. My mother also works at company A, and has for well over 20 years and is considered a respected employee. She found out for me that I was not on the no-rehire list and she started asking questions as to why I was not getting rehired when others have quit and been rehired numerous times, one being rehired as many as nine times. Unbelievable but true.

    After putting in an application and was told they would contact me for a follow up interview they once again never called. So I called them to check on my application. The HR manager told me they thought I had already been interviewed which was not the case. He put me on hold and talked to other people in human resources. He called back and said I had an interview scheduled 2 days later. I thought OK now we are getting somewhere.

    At the interview, I was interviewed by the day shift production manager. During the interview he looked at my job history and he said that based on my job history he would not hire me because he did not think I would stay. I knew it looked bad and I had explained the circumstances with him. He said he still wouldnt hire me and that he would pass the application along to the night shift production manager and they would set me up for an interview with that person later. I don't have a problem working nightshift, I just need a job.

    My mom found out and discussed it with her supervisor. Her supervisor told her that was boderline discrimination. I guess I should add that this company is an equal opportunity employer where everyone should get a fair chance. In my file with company I have no blemishes except that I had a heated discussion with a line foreman. Thats it, at least to my knowledge.

    I never got my interview with the nightshift production manager, so I put in another application with the company to try again. I have dated copies of my last two applications that I turned in with this company.

    On Feb. 5th or thereabouts, I went to the unemployment office to get another application. The lady at the unemployment office told me that the HR manager had contacted her and told her that I could not pick up another application for 30 days. I have no idea if the HR manager called me by name, but that is the impression I am getting.

    Since then they have rehired 9 more people to my knowledge, two of which are rehires. One had occuranced out (too many abscences) less than 30 days ago and now he has returned to work today. If that isnt enough, they also hired 3 people out of that 9 that could not pass a drug test. The one that occuranced out less than 30 days ago, is someone I went to school with and they have a well known history of substance abuse and this person has been fired from previous jobs for drug use in the past.

    I have spoken with the HR manager at length and I have been given the runaround each time.

    Today I have been trying to contact the complex manager to speak with him of the matter on the phone. I have a gut feeling that he too will give me the runaround. I am trying to go through the chain of command to see if I can find out why they won't rehire me, but they will rehire others numerous times as well as those who are felons and yes, even illegal immigrants.

    Speaking of illegal immigrants, there are alleged reports that 3 employees there are using the same social security number so shouldn't that raise a red flag somewhere?

    I don't want better treatment from anybody else, I just want equal treatment, just like everybody else. But I can't help but feel like I am being discriminated against.

    I might also add that they have large display ads in the newspaper everyweek that they are currently hiring, but yet they won't hire me. On top of all of that, I am deaf in my left ear and I have reduced hearing in my right ear. I have had this deafness since I was born, and yes the company does have it on file along with a hearing test that is given each year to employees. My hearing had never caused me any problems with this company. If they feel like that my hearing would be a concern wouldn't they say that upfront?

    Right now I am only researching to see if I should contact a local lawyer or even the ACLU about this matter.

    Sorry to be so long winded, but any advice or suggestions would be greatly appreciated.

    Unemployed in AR,

  2. #2
    Join Date
    Jun 2006

    Default Re: Employment Discrimination in Arkansas

    It is very important as to what evidence you have that shows you were discriminated against and why. Do you believe it was because of your race, sex, because you blew the whistle on someone or what?--you need to start from that vantage point and then probably call an attorney who practices in the employment discrimination/labor law arena because that field can be a little tricky to navigate.

  3. #3
    Join Date
    Jun 2006

    Default Re: Employment Discrimination in Arkansas

    To elaborate, the company is not obligated to hire you. Unless you have a valid and supportable reason to believe that they are refusing to hire you because of your race, religion, national origin, or other characteristic protected by state or Federal law (which would include public policy violations) you do not have a claim.

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