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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Post Employer Revoked Written Offer After Background Check

    My question involves labor and employment law for the state of: texas
    Sorry this is long but its a big deal with 2 large corporations..
    Lawsuit apple and volt is what this is all about..I was hired through Volt to do contract work for Apple, I waited nearly a month to start my job, less than a week before I was supposed to start I got an email asking me why I have a class c misd on my record, within 15 minutes they sent another email telling me that they have to revoke the offer due to it falling in the violence category(according to them). They didnt even call and ask me what it was about or have the decency to tell me over the phone after I was sitting around a month NOT LOOKING FOR A JOB because I was told i got the job.. First of all, I was not even being charged with disorderly conduct it was reduced to that because they needed to charge me with something because i plead no contest so i could get my law abidiing but out of court ( i look and act like a 25 year old business owner WHICH I WAS), I was charged with Digital communications harrassment because I continuously asked someone for money they owed me(because I was having rough times during a bad economic time and collecting on debts through text msg not even calling) and the judge thought it was a joke and lessoned it to disorderly conduct and gave me a fine, i asked will this effect my ability to get a job. the lawyer told me definately not, its not a felony also its non violent and non theft. Anyway I called the recruiter at volt and told them that when I got the charge plead i was told it wouldnt affect getting a job, they said oh well that doesnt matter anyway it sounds like you made threats and we wouldnt want a threatening person working for us... we consider that a reason not to hire you. I said excuse me, I plead guilty to text msg communication of asking for money, that has nothing to do with threats, i kept saying how much i needed the job and how absurd what he was saying was and asking if he could talk to his manager again.. he kept saying no it sounds like he would think its even worse than disorderly you made threats to someone ( again there was no threats), the law has small charge categories and very broad terms for what fall under it as you know. He said sorry I cant move forward with you get your record expunged then maybe we can talk. This was after I sat around a month waiting to start the job had 3 interviews at 9am drove across town 3 times and pretty much ran out of money. I was never even paid for all the tests and the orientation training to boot. I then called the court and said I want the records so I can send them to my apple / volt and let them know it was a non violent charge to begin with and end with, the person at the court said, sir it sounds like you need to talk to an attorney, this is no reason to be fired or refused a job especially during these tough times for a disorderly conduct reduction. I then talked to a social worker who referred me to a lawyer who consulted with me, said yes I definately was wrongly terminated ( I had already filled out my employment info and had a punch card and everything). Three days before I started work they refused me. The lawyer said he didnt have much time to talk but I may have several different suits against both Volt and Apple and they are huge corporations and will definately not want this negative attention.. and I should pursue them if I dont otherwise come to some kind of agreement with Volt or Apple. anyway, this ruined my life pretty much and i want legal advice. also a friend of mine works for a news channel and said he wants to do a news story on this what should i do about that.. should i sue the pants off them both, and what grounds, also should i inform the media about this, given the state of the economy and how big these companies are i think it would make headlines.

  2. #2
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Apple Revoked Written Offer Bc Background

    I still don't understand how this is wrongful termination. If you fired or passed up on a job based on your background theres nothing illegal about that.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Apple Revoked Written Offer Bc Background

    this is no reason to be fired or refused a job especially during these tough times for a disorderly conduct reduction.
    Quite the contrary.

    You can be fired because the sky is blue today or because it's a day ending in Y. The only state that requires a "reason" for termination is Montana.

  4. #4
    Join Date
    Dec 2008
    Posts
    14

    Default Re: Apple Revoked Written Offer After Background Check

    Wow, I’m very sorry that you’re going through this. But unfortunately as stated above you can be denied employment in (at risk states) for any reason.

    I don’t know what liability that Apple would have. They have done nothing to you. They contracted Volt to supply them with help. Who Volt sends them is up to Volt and Apple can choose with out liability to no one, as I see it Apple may not even know your name.

    I’m sure if you look at the application that you completed and signed somewhere it states about contingent on a favorable background check. This is the new reality of seeking employment.

    By Federal Law, you would have had to sign a consent form for Volt to do a background check and if they denied you a job because of what was on that report, by law they must give you a copy of that report. Here is where you have legal recourse.

  5. #5
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Apple Revoked Written Offer After Background Check

    Quote Quoting htiek123
    View Post
    By Federal Law, you would have had to sign a consent form for Volt to do a background check and if they denied you a job because of what was on that report, by law they must give you a copy of that report. Here is where you have legal recourse.
    This would only be true if Volt had a third party do their background checks.

  6. #6
    Join Date
    Dec 2008
    Posts
    14

    Default Re: Employer Revoked Written Offer After Background Check

    Agreed,

    If they do their own, (Not using a third party) then all bets are off. They can use anything, anytime.

    I must say that most employers use third party agencies to run their background checks, especially for low and mid level jobs. The cost to run their own private background checks can be very costly.

  7. #7
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Employer Revoked Written Offer After Background Check

    I must say that most employers use third party agencies to run their background checks, especially for low and mid level jobs. The cost to run their own private background checks can be very costly.
    It very inexpensive to run background checks nowdays. And most companies do them in house now to save money.

  8. #8
    Join Date
    Dec 2008
    Posts
    14

    Default Re: Employer Revoked Written Offer After Background Check

    I respectfully disagree; most fortune 500 companies have outsourced this function.

    But noted: A greater percentage of smaller companies that don’t hire a great deal may due their own.


    Third party background checks are inexpensive. By saying in house I take that to mean a company doing it it’s self. What do you think is involved with a background check?

    As a business third party background check companies gather national data bases of all convictions. They pay states for this information (some are free) and spend a lot of time and money gathering it. Most of the time when a name comes in they already have the conviction information.

    Reputable employment screening companies always verify negative information obtained from data base searches against the actual public records filed at the courthouse by sending a (court runner) to verify it. Since this is their business they have it stream lined.

    When an employer runs the background check they don’t have access to the same data bases of information that these companies have gathered and paid for.

    They must send someone from their office to physically look for convictions at every court house in the state or hire a private investigator and trust me they will find the convictions.

    Again I think it depends on the size of the company. Smaller companies that don’t hire a great deal of people may be able to do their own, but Fortune 500 companies with 1000’s of employees that hire frequently; I would say 90% (estimate) outsource this function and use third party consumer reporting companies.

  9. #9
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Employer Revoked Written Offer After Background Check

    I'm well aware of what a background check is, but thanks for the refresher. i stand with my previous statement.

  10. #10
    Join Date
    Dec 2008
    Posts
    14

    Default Re: Employer Revoked Written Offer After Background Check

    Quote Quoting DonnyC
    View Post
    I'm well aware of what a background check is, but thanks for the refresher. i stand with my previous statement.


    DonnyC,

    So that I may be further learned, would you care to elaborate?

    I’ve explained my position as to why, could you be so kind and explain yours?

    Thanks

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