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I think I have a lawsuit, What do you think??

Discussion in 'Termination: Firing & Resignation' started by demarcorichie, Jan 5, 2009.

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  1. demarcorichie

    demarcorichie Law Topic Starter New Member

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    About 3 months ago I applied for a job in grocery store in California. While filling out the application it said not to disclose any marijuana convictions more than 2 years old, which I did have from 2004. I did not disclose the conviction based on the application instructions. Aswell it is a California law that employers can not inquire about Marijuana convictions more than 2 year old, which i found out later. So approx. 3 weeks later I was told that I was not going to be hired because I did not disclose this Marijuana conviction, It was actually stated that " You attempted to decieve the company by not disclosing the Marijuana conviction, so we can not consider you for employment" To me this seems like some violation of the Labor Law or something... WHAT DO YOU THINK?
     
  2. cbg

    cbg Super Moderator

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    Not at all. They're not denying you employment because you had the conviction; they're denying you employment because they believe, rightly or wrongly, that you lied about it. That is legal.
     
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  3. demarcorichie

    demarcorichie Law Topic Starter New Member

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    Even if the application said that I did not need to disclose it. I didnt lie I followed their application instructions. To me thats fraudulent... Dont disclose your convictions its not neccessary, but later we can disqualify you for not disclosing your convictions. Thats a little "FISHY". But none the less thanks for the info.
     
  4. dee_dub

    dee_dub Moderator

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    It strikes me as bizarre that a company could legally not hire an applicant because they complied with the instructions on the application form.

    Do you still have the application form? What did the instructions say about these old convictions?
     
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  5. demarcorichie

    demarcorichie Law Topic Starter New Member

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    Yeah it seemed pretty bizzare to me to thats why I wanted to get other peoples opinons on what I should or if I have a lawsuit.As a matter of fact I still do have the application. It states " Have you been convicted of a crime in the last 7 years, do not answer yes to the question if the conviction involves Marijuana and it is more than two years old."
     
  6. cbg

    cbg Super Moderator

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    No employer is required to offer employment to anyone. They may well be mistaken about the way the applicant completed the application form, but they do not owe him a job.
     
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  7. dee_dub

    dee_dub Moderator

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    I agree, but at the least this employer's reason for not hiring is misleading. How can following the directions on the application form be considered an attempt to mislead the company? The reason the OP was not hired is not that he lied, but that he had an old marijuana conviction.
     
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  8. demarcorichie

    demarcorichie Law Topic Starter New Member

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    I understand that the employer does not have to hire me but the thing Im most concerned about is the reason I was given. It was because I attempted ( or so they say) to mislead the company about certain convictions, which was not the case. If I was not hired because of the Marijuana conviction then they should have stated that. But what was told was that I was not hired becase I attempted to mislead them or hide the conviction.Futher more from my research an employer must consider the type of conviction, the type of job applying for and the time which has elapsed from the date of the conviction when considering someone for a job. And a Marijuana conviction in California especially one so meger as mine should have no bearing on a grocer position within the store.Now if I was trying to join the D.E.A then I would understand.cbg & dee_dub so basically both of you are telling me that I dont have grounds for a lawsuit. Correct??
     
  9. dee_dub

    dee_dub Moderator

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    I would defer to cbg, who has much greater expertise in these matters than I. I think the employer's reason for not hiring you is bogus, and arguably makes a sham of their application process, but at the same time they are under no obligation to hire you.
     
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  10. demarcorichie

    demarcorichie Law Topic Starter New Member

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    thanks dee... cpg you around to respond to my last post??
     
  11. cbg

    cbg Super Moderator

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    I tend to agree that it's a bogus reason, but I'm not convinced that it's actually grounds for a lawsuit.

    However, given CA's very employee-friendly atmosphere, it certainly can't hurt to run the question past an employment attorney in your state in case there's something I'm not seeing.
     
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  12. demarcorichie

    demarcorichie Law Topic Starter New Member

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    will do .. thanks again!!!
     
  13. demarcorichie

    demarcorichie Law Topic Starter New Member

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    one more thing cpg.. I was looking at your profile and it said HR Consultant. Quick question If your the HR person of a particular company but your based out of State( A )and you have companies all over the US .. Should you be aware of all the state laws that your company is located in? This is not toward you ,but rather the HR Specialist that I spoke with about the above situation. Im thinking maybe that is what happened . Because I was applying in CA but the HR Specialist was located in MN where their HQ is.
     

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