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  1. #1
    Join Date
    Feb 2006

    Default Paid internship, fired for wrong information


    I was terminated from a paid internship after the second day. As soon as I arrived in the office I was told the HR director wanted to see me. After getting to his office he asked me if everything was accurate on my application. I told him it was and he told me that my background check came back saying I was convicted of a felony a few years ago. I told them there was no conviction on my record, they can call my attorney who could explain the case. He became very agitated and stated "I will NOT call your lawyer. You are terminated effective from this moment." He then had two security personnel escort me back to my cubicle to collect my belongings and follow me off the premises.

    I can't go into too many details, but I am involved in a case. It is still open however and the case is scheduled to be dismissed next month. I called my lawyer as soon as I got home and he verified no conviction. I paid for an extensive background check to be performed on me. The county court house where this issue happened shows open case, no conviction. The fact I was able to register to vote (and approved) about 6-8 months ago further indicates to myself that I have nothing on my record.

    I called the company and was given a number to call. I tried calling them for four days; the first time I called they said he was out of the office and to leave a message. I stated the matter was urgent if they knew when he would be back. The secretary became very rude and said 'he'll call when he becomes available". So I left a message, but didn't get a call back. I left messages for the next four days and still no response. The only person who ever seems to be in their office and answering their phone is the internship director, and they said they couldn't help me (the HR person is over them).

    I know for a fact, and have supporting information, that the reason they fired me was wrong. It was suggested I find a lawyer to sue them for wrongful terminating but I really don't want a drawn out legal battle. I was well qualified for this internship (I was even told I was one of their better candidates) and I enjoyed the work. Personal feelings about the HR person I spoke with aside, it really was an excellent work environment.

    A few final notes; Along with my own background check, just under a year ago both my sister (HR Manager for a regional chain) and my brother-in-law (Local police officer) ran checks on me. They both came back clean with no convictions. On this case a plea was entered but the case was then purposely placed on hold. I think that may be where there was the confusion. He knew the plea entered (it also came back on my detailed report), but my report distinctly shows "open" on status.

    Do I have any recourse here? This is a major fortune 500 company and I really felt like I had a future there, or at least a stepping stone. I already tried contacting one local lawyer for advice but they declined to help, stating "other reasons" besides the strength of my case. If nothing else, even on the principle of things I'd just be happy to hear them say; "We were wrong"

    Thanks in advance to any who offer their opinions and advice.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Fired over criminal record (but no conviction)

    Whether or not you have recourse would depend upon the laws of your state and the nature of the offense at issue. Some states have greater protections than others in relation to firing people over their criminal history, and some may require the criminal history to be relevant to the job duties before it can be considered. Many offer no protection at all.

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