OK here's my story not to long ago i got hired for an insurance company, I was great in my interview they seemed to love me...I got hired on the spot with a verbal agreement. I was working at jamba juice at the time, i had only been there 2 weeks so i tell my jamba boss that i would like to give him a 2 week notice but he said it wasn't necessary so i was employed till the end of that week...OK so my start day for the insurance job was on the 26 of this month. "Feb".. yesterday i singed and gave my written agreement well anyway i get a call from lady in HR one i interview with and she tells me i have bad news i was like what? she then told me that they had decided to give the guy who i was going to replace a second chance.. i was like what??? but we already had decided that i was going to start on Monday plus we had a written agreement, she was all like that does not matter ... so i was like OK what can you do so we left it at that...so right after i get on the phone with the person i was going to be working directly for and i told him the situation and he had no idea what was going on he was surprised so he then told me he was going to find out what happened and he would give me a call once he found out what was going on. this was around 11 30. so i don't hear from him it's already 3:30 so i decide to call him again and i get his voice mail so i leave him a message so he calls me back and tells me that the head people in charge had an issue with an anger management class and that i was a convicted felon then i told him but i had stated that on my application and yet they still hired me but now it's a problem...to me it doesn't seem write and we talked about it in the interview when i got hired..plus i can't get my job back at jamba because i already been replaced and they are over staffed so now im stuck with out a job. so do you think this is discrimination i spoke to a labor lawyer and he said i have a good case but i would like your feed back thank you...
2007-02-22 16:04:36 · 7 answers · asked by Alex D 1 in Politics & Government ➔ Law & Ethics
its america you can always file a lawsuit.
2007-02-22 16:07:37 · answer #1 · answered by Anonymous · 0⤊ 3⤋
1....never quit or leave a job till you have the other job 100%
2....what they did is 100% legal for if you read the bottom of any application where you sign, it states they hold the right to terminate your employement for any reason they see fit. and if any one item on your application doesn't line up, even a spelling error, they can dismiss you at any time on those grounds...even 10 yrs after employment.
3...it sucks to have this on your record for I use to be a HR manager and I know the story n struggle.
4...best advice.....don't quit a job prior to gaining the other. most jobs won't let you work for them during your 2 wks anyways, as this is a time you won't be a 100% employee and are a risk for theft or no showing for shifts. Or even better......start your own business.
Even if its something as simple as cleaning gutters. Just get some business cards ($20 bucks at kinko's) and just walk up to a persons house, knock, "hi, I'm Jim of Jim's Gutter Cleaning Service. I noticed your gutters needed cleaned, I can do that for $25. They say yes or no and you do the job. Shouldn't take more than an hour to do so you just made good money. Now go knock on the next neighbor and keep going.
I did this exact thing 10 yrs ago.....and I am still self employed today as one of the top automotive cosmetolgist in my region making more than most dentists do.
You seem like a man that stands on his own feet and has a drive and will in life. Start your own....you'll be so much happier. And don't let the fear of owning a biz scare you....there is nothing to it. Bank will help you with questions you have and an accountant can do all your books for you if you can't do those. Well worth the investment in your own career....total job security.
2007-02-23 00:17:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In the verbal and written agreement, there was a contract entered into by you and the company. If you were up front with them, and told them everything, and still entered into the contract, only to back out, I would think that there is something in that. I would contact a lawyer and find out for sure. I think Breech of Contract comes to mind.
I would also ask the lawyer about not hiring you based on your criminal record. If your conviction directly relates to the job at hand, then they have a right to refuse hiring you. But if your crime has nothing to do with your job, then that is illegal. They can't discriminate based on criminal history. If you have the needed info, I would take it all to a lawyer and tell them what you just stated. I think that you can be a thorn in the side of the company.
2007-02-23 00:11:56 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
It's not discrimination if you have a criminal record. Sorry but due to that you have NO case. Besides, you were working at Jamba Juice. They didn't ruin a great career or anything. It sucks but getting another job on par with Jamba juice isn't hard. Try Starbucks.
Edit: You can file a lawsuit for ANYTHING in this country, but you still have NO case. It will only be a waste of money that you obviously need if you have no job.
2007-02-23 00:10:33 · answer #4 · answered by Nationalist 4 · 0⤊ 0⤋
File a case for the enforcement of the contract you signed with your new employer plus actual damages for lost salaries from your former job. Support your case with evidences so that the court will rule in your favor.
2007-02-23 00:10:43 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
You can always file a lawsuit, but in this case even if you did win you most likely wouldn't win enough money to even cover the costs of going to court.
It probably would make you feel better, but wouldn't do much else...
2007-02-23 00:14:20 · answer #6 · answered by crpresents 2 · 0⤊ 0⤋
yes you can sue...
2007-02-23 01:38:32 · answer #7 · answered by BeachBum 7 · 0⤊ 0⤋