Dept of Army Hiring..Illegal or just unethical?

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kscronk512

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My situation is a complicated one and I've been told many times I have legal rights. I'm trying to figure out what exactly my legal rights are and if I should go the legal route. Here is my story:

I applied for a job at an Army Arsenal in my area. I've been applying for almost a year to different jobs that I knew I was capable of doing based on my experience. I finally landed an interview. I went through the interview and was offered the position the next day. The Chief who interviewed me, is the one who choose me for the position. I was in contact with an HR representative to complete all my pre-employment paperwork, fingerprints, security clearance and a physical. The following week, I went in and completed all required documents, passed the physical, got the fingerprinting done and went home and completed the online paperwork as instructed. When I met with the HR woman that same morning, I asked her point blank if it was okay to give my two week notice to my current employer. She said absolutely and gave me my start date. I asked her twice during our meeting to which she told me it was safe to do so. I give my notice to my current employer.

I was suppose to begin work at the Federal Arsenal on August 30th (Monday), the Thursday before August 30th, I received a call telling me they had to rescind the offer due to Veteran Status and there was nothing they could do. I already completed my two weeks at my current job and was waiting to begin the job at the Arsenal.

My buddy who works at the Arsenal, went to the HR office and spoke to the woman who rescinded my offer. He was told point blank it was someone's son who came home from Iraq and needed a job. He was not even on the list of candidates until AFTER I was chosen for the position.

So basically, I am now unemployed as my previous employer already hired someone to fill my position and the HR department (which is a company that is not governed by the Arsenal or Army) told me there was nothing they could do. The Union President at the Arsenal tried to fight them on it, but dropped the case because I was technically not apart of the Union yet as I had not began working. I had received advice to contact our Congressmen, which I did. He put in a request with the Dept of Army to investigate the situation. In the meantime, I am unemployed, cannot receive unemployment benefits all because someone in HR decided they wanted to give someone else the position, after I was already hired.

My question is, what is the legality of the situation? I know what they did is wrong and unethical and I feel someone should be held responsible as they have put myself and my family in such a hardship. I have ALL the correspondence in writing. I really just want a job, an equivalent position within the Arsenal. Everyone keeps telling me to contact a lawyer but I honestly do not have the money at this point to pay for a consultation. Any help or advice is greatly appreciated.
 
My situation is a complicated one and I've been told many times I have legal rights. I'm trying to figure out what exactly my legal rights are and if I should go the legal route. Here is my story:

I applied for a job at an Army Arsenal in my area. I've been applying for almost a year to different jobs that I knew I was capable of doing based on my experience. I finally landed an interview. I went through the interview and was offered the position the next day. The Chief who interviewed me, is the one who choose me for the position. I was in contact with an HR representative to complete all my pre-employment paperwork, fingerprints, security clearance and a physical. The following week, I went in and completed all required documents, passed the physical, got the fingerprinting done and went home and completed the online paperwork as instructed. When I met with the HR woman that same morning, I asked her point blank if it was okay to give my two week notice to my current employer. She said absolutely and gave me my start date. I asked her twice during our meeting to which she told me it was safe to do so. I give my notice to my current employer.

I was suppose to begin work at the Federal Arsenal on August 30th (Monday), the Thursday before August 30th, I received a call telling me they had to rescind the offer due to Veteran Status and there was nothing they could do. I already completed my two weeks at my current job and was waiting to begin the job at the Arsenal.

My buddy who works at the Arsenal, went to the HR office and spoke to the woman who rescinded my offer. He was told point blank it was someone's son who came home from Iraq and needed a job. He was not even on the list of candidates until AFTER I was chosen for the position.

So basically, I am now unemployed as my previous employer already hired someone to fill my position and the HR department (which is a company that is not governed by the Arsenal or Army) told me there was nothing they could do. The Union President at the Arsenal tried to fight them on it, but dropped the case because I was technically not apart of the Union yet as I had not began working. I had received advice to contact our Congressmen, which I did. He put in a request with the Dept of Army to investigate the situation. In the meantime, I am unemployed, cannot receive unemployment benefits all because someone in HR decided they wanted to give someone else the position, after I was already hired.

My question is, what is the legality of the situation? I know what they did is wrong and unethical and I feel someone should be held responsible as they have put myself and my family in such a hardship. I have ALL the correspondence in writing. I really just want a job, an equivalent position within the Arsenal. Everyone keeps telling me to contact a lawyer but I honestly do not have the money at this point to pay for a consultation. Any help or advice is greatly appreciated.

There is nothing you can do.
Everything that can be done, is being done.
Besides, you can''t sue the government unless they give you permission to do so.
The have sovereign immunity.
It can be overcome, but it takes time and money.

Let your congressman address it.
You can also write your two senators (Schumer & Gillibrand).
They can investigate it, too.
You can also write Obama, and he can launch a presidential inquiry.
If something can be done about it, they are the folks to help.

The army is required to hire war veterans, veterans, spouses of deceased veterans, and disable veterans; they all have preference.
I'm sorry, but there isn't much you can do, but wait.
 
Thank you so much for your reply!

I was afraid of that, I did some research online and found that you could not sue the Federal Gov't.

Congressmen Murphy's Aide who is helping me, sent in a request to the Dept of Army...he said that means they will investigate the matter, but I won't hear back for another couple weeks.

I think in the meantime, I may get a letter drafted to send to Shumer and Gillibrand per your advice.

I contacted Senator McDonald, who has jurisdiction within my County but the nice lady there told me there wasnt much she could do,and she put me in contact with Murphy's office, since it's a Federal entity.

I completely understand about the Veteran preference and have no problem with that. The only issue I take with the Arsenal is how they went about it. The Union President explained to us, there are two different candidate lists, they exahust the VA candidate list first, then go to Civilian candidate list, so technically I should have never been contacted for an interview or hired, this Iraq Vet should have been offered the job first. They messed with the lists to get his name on there after all interviews had been conducted. What they did is wrong, they should have never told me to give my two weeks notice. I have emails where they basically admit what they did and admit fault, but claim there is nothing they can do. I'm not looking for a lawsuit persay or a fight, I just want a job to provide for my family once again. (Don't get me wrong, I'm applying to any and all jobs I come across that I am qualified for.)

Thank you again for your reply. I really do appreciate it!
 
I'm sorry to bother you, but in my letter to Obama- if it gets that far- what exactly shoudl I ask for, or should I just explain the situation? With the Congressman's office I spoke to someone directly so it was much easier to explain the situation .
 
I'm fairly ignorant of employment law, so I'm just thinking out loud and hoping someone else will comment on my thoughts. :)

the HR department (which is a company that is not governed by the Arsenal or Army) told me there was nothing they could do.

The HR dept seems to be a nonfederal/nongovernment entity. Can they be sued?
 
Any citizen can call the White House.
So, go ahead and a staffer will document your concern.

If you write a letter, just explain your problem and ask for the relief you seek. If it were me, I'd pursue both angles.

I'd also write a letter and call Secretary of Defense Gates at the Pentagon.
 
I'm fairly ignorant of employment law, so I'm just thinking out loud and hoping someone else will comment on my thoughts. :)



The HR dept seems to be a nonfederal/nongovernment entity. Can they be sued?

That's a great question. I'll have to find out who exactly runs the HR department and see if that is an option. Thanks for pointing that out!!
 
Any citizen can call the White House.
So, go ahead and a staffer will document your concern.

If you write a letter, just explain your problem and ask for the relief you seek. If it were me, I'd pursue both angles.

I'd also write a letter and call Secretary of Defense Gates at the Pentagon.

Thank you so much. I'm going to go ahead and look up all the numbers and addresses I need (White House, Senators and Sec. of Defence Gates) and get started on that. Hopefully the Congressman's office will be able to get something done, but in the meantime, I'll get other options ready just incase. I really appreciate your help!

I know someone in Washington is already aware of the issue because when the Union President was working on it, he had a 9 man conference call with people in Washington and elsewhere, but then they decided not to pursue the case due to non-Union status since I never officially began work.
 
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