marionbaetz
New Member
Hello, I hope someone here can help me--I recently applied for a job at at Developmental Services facility in Seymour where I live (DSI is a company that employs developmentally disabled persons). The ad in the local paper that I responded to stated that the company was looking for a Quality Control Manager (DSI does simple manufacturing jobs to enable the "clients" to earn money), so I applied and was interviewed twice for the position. Later, a company rep. called me and made the job offer, and I accepted (I was let go at the end of March 2009 due to slow business from my previous employer). I was aware that there would be disabled persons in the facility I would be working in, but company reps. told me that there was staff on hand to care for them, that my job focus would be ISO, Quality, Manufacturing, Budgeting and Purchasing. The salary they offered was not very high, so I accepted it, since I was collecting unemployment, and by my calculation, my take home pay would be slightly more than unemployment. My hire date was listed as 9/4/09, but I was not to start until Tuesday 9/8, after Labor Day. I had some misgivings about the job (suspicious why they would hire me, with 20 years manufacturing and quality experience, when they had told me that currently they have no manufacturing work to do, and concerned about a voluntary Hepatitis innoculation that was offered, which I turned down, explaining that I had no intention of allowing myself to be exposed to Hepatitis, which normally wouldn't occur during the course of a regular quality control job).
Over the holiday weekend, a friend called me, saying that her sister works for the same company, and was concerned and wanted me to call her immediately (I had known this friend and her sister for more than 20 years). I called this friend's sister, and my worst fears were confirmed--she confirmed that in the capacity of "Industry Manager/Safety" (which was the job title I was given instead of Quality Control Manager) I would be expected to change adult diapers, help "clients" use the restroom, clean up after "clients" when they had "accidents", administer medication to clients (pills, injections, etc), and intervene if a "client" becomes physically violent. I was devastated, and the friend's sister said she was immediately concerned when she found out that I would be starting to work there, since she knows my personality (which is not nurturing, caregiving, etc). She asked if I knew that these were some of the things I would be required to do, and I told her absolutely not! Never during either one of the interviews (or the "signing in" process) did anyone mention to me that these were activities I would be required to do, and I would never have imagined that they would be, since the job I was applying for was posted in the paper as "Quality Control Manager", and also I expressed concern during the interviews that I had no experience or skills working with disabled people; these concerns were dismissed by the interviewers, at which point they told me that there was other staff on hand that had that responsiblity.
On Tuesday 9/8/09 I reported to the local office (before the workday was to begin) and asked to meet with the person that would have been my immediate supervisor, since I had some concerns that need to be addressed before I started. She agreed, and I asked her specifically if I would be EVER be required to perform duties like changing adult diapers, helping clients in the restroom, administering medication, intervening if "clients" became physically violent, transporting clients, etc, and by doing any of these activities, might I be exposed to blood, feces, urine, saliva, vomit, or other bodily fluids? She was visibly shocked that I asked these questions, and took several moments to give her answer, which was that she "couldn't say it would never happen". I told her that I was very disappointed, that I would never have accepted the job offer if I had known it wasn't Quality Control but instead was "client" caregiver, and asked why it wasn't made clear that this was the actual job during either of the 2 hour interviews? She didn't have a clear answer.
I proceeded to the corporate office in Columbus, IN immediately, and had a meeting with their hiring coordinator, explaining my situation, and expressed my desire to "undo" the whole process, so I would not endanger my unemployment benefits. He agreed, and apologized (too little, too late) about the "misunderstanding" about the job, and told me that he'd already spoken to the interviewers about being more informative during interviews. He told me that he'd taken my file out of their system and "as far as the state of Indiana or anyone else was concerned", I was never hired, never offered a position at DSI.
Unfortunately, someone on 9/4/09 filed something electronically with Indiana, and now my benefits are on hold, pending a state decision of whether to continue letting my receive benefits or to stop them, because Indiana views the whole situation as a "work refusal" on my part. As part of Indiana's decision making process, I've answered 3 separate inquiries, to which I attached (each time) 6 typed pages, detailing in absolutely factual manner, the entire episode. Indiana is supposed to decide this week my status; if they stop my benefits, I will default on my mortgage, and will become late on all my bills.
My question is, in the event that Indiana stops my benefits--do I have any legal recourse against the company that hired me, for deceptive hiring practices, bait-and-switch, or something? I responded to an ad in the paper for a Quality Control Management position, but they gave me a client caregiver supervisor job, which I had no experience or skills for? Indiana is one of those states that is "employment at will", so I am very concerned, but I feel like if I am denied further unemployment benefits because of their deceptive hiring practices, I should be able to take some legal action against them. There are many, many people out there who would have the skills and qualifications to be a QC Manager, but almost none who would have those credentials PLUS have the skills and experience to work with developmentally disabled people. Please help! I mean, if I lie on my resume and an employer discovers this, I can be fired immediately; is there anything that can be done to an employer who essentially commits the same kind of lie?
Over the holiday weekend, a friend called me, saying that her sister works for the same company, and was concerned and wanted me to call her immediately (I had known this friend and her sister for more than 20 years). I called this friend's sister, and my worst fears were confirmed--she confirmed that in the capacity of "Industry Manager/Safety" (which was the job title I was given instead of Quality Control Manager) I would be expected to change adult diapers, help "clients" use the restroom, clean up after "clients" when they had "accidents", administer medication to clients (pills, injections, etc), and intervene if a "client" becomes physically violent. I was devastated, and the friend's sister said she was immediately concerned when she found out that I would be starting to work there, since she knows my personality (which is not nurturing, caregiving, etc). She asked if I knew that these were some of the things I would be required to do, and I told her absolutely not! Never during either one of the interviews (or the "signing in" process) did anyone mention to me that these were activities I would be required to do, and I would never have imagined that they would be, since the job I was applying for was posted in the paper as "Quality Control Manager", and also I expressed concern during the interviews that I had no experience or skills working with disabled people; these concerns were dismissed by the interviewers, at which point they told me that there was other staff on hand that had that responsiblity.
On Tuesday 9/8/09 I reported to the local office (before the workday was to begin) and asked to meet with the person that would have been my immediate supervisor, since I had some concerns that need to be addressed before I started. She agreed, and I asked her specifically if I would be EVER be required to perform duties like changing adult diapers, helping clients in the restroom, administering medication, intervening if "clients" became physically violent, transporting clients, etc, and by doing any of these activities, might I be exposed to blood, feces, urine, saliva, vomit, or other bodily fluids? She was visibly shocked that I asked these questions, and took several moments to give her answer, which was that she "couldn't say it would never happen". I told her that I was very disappointed, that I would never have accepted the job offer if I had known it wasn't Quality Control but instead was "client" caregiver, and asked why it wasn't made clear that this was the actual job during either of the 2 hour interviews? She didn't have a clear answer.
I proceeded to the corporate office in Columbus, IN immediately, and had a meeting with their hiring coordinator, explaining my situation, and expressed my desire to "undo" the whole process, so I would not endanger my unemployment benefits. He agreed, and apologized (too little, too late) about the "misunderstanding" about the job, and told me that he'd already spoken to the interviewers about being more informative during interviews. He told me that he'd taken my file out of their system and "as far as the state of Indiana or anyone else was concerned", I was never hired, never offered a position at DSI.
Unfortunately, someone on 9/4/09 filed something electronically with Indiana, and now my benefits are on hold, pending a state decision of whether to continue letting my receive benefits or to stop them, because Indiana views the whole situation as a "work refusal" on my part. As part of Indiana's decision making process, I've answered 3 separate inquiries, to which I attached (each time) 6 typed pages, detailing in absolutely factual manner, the entire episode. Indiana is supposed to decide this week my status; if they stop my benefits, I will default on my mortgage, and will become late on all my bills.
My question is, in the event that Indiana stops my benefits--do I have any legal recourse against the company that hired me, for deceptive hiring practices, bait-and-switch, or something? I responded to an ad in the paper for a Quality Control Management position, but they gave me a client caregiver supervisor job, which I had no experience or skills for? Indiana is one of those states that is "employment at will", so I am very concerned, but I feel like if I am denied further unemployment benefits because of their deceptive hiring practices, I should be able to take some legal action against them. There are many, many people out there who would have the skills and qualifications to be a QC Manager, but almost none who would have those credentials PLUS have the skills and experience to work with developmentally disabled people. Please help! I mean, if I lie on my resume and an employer discovers this, I can be fired immediately; is there anything that can be done to an employer who essentially commits the same kind of lie?
