OK folks here it goes... Late March I was placed by a temporary agency in a job described as a buyer, temp to permenate. I accepted because I thought, great I can go Permanente then get medical benefits. The job was in a hospital that is run by the founder's sons... very personal and closely run. I would even say there is a great deal of nepotism there. Well, in July... 6th to be exact, I was told that I had stellar work and that the hospital would like to hire me for a Permanente position as project manager/assistant to director. Hours would be flexible. I was then moved from my buyers’ desk, moved to the new desk, and given new duties.
Now mind you, from the end of March to (I think, may be August) July I never used the hospital time clock system. One day, really I do not remember who said, I has to start using this clock. No one ever explained the system either. I would enter my time on the Temporary website. That would generate an e-mail, in which, my immediate boss (director, who I assisted) would have to approval. After the approval was received via e-mail, it would then generate a paper invoice, in which, my immediate boss would sign. Never a problem until... this will come into play at the end.
Therefore, from July to Oct my boss kept writing the job description and sending to legal only to get return and rewrote. I think eight or 9 times. Finally Oct it was approved only to find out the position had to be posted. After that, I thought one week... no it had to post 2 weeks. Finally over.. HR calls offered the job formally. I take drug test... go to HR and sign a document that asked me about my background and some other questions (background). The document that I sign, I soon found out had two pages... I only saw the back page. I have checked the document and it does not indicate one of two pages. You can clearly see I did write my name on the first page! Now this is mid Oct. One week goes by... then the following week is coming around and I contact HR. What’s going on? Oh, the screening place is having a hard time running your name. Have you lived anywhere else? All kinds of weird questions. I started wondering, I do not have anything my record. I excised my right for a 1203.4 (dismissed) on something that happened in my past. If I apply for State or Federal job (maybe others, no this one) I have to disclosed. It was nothing major. Ok so Oct 31, I had to go to a depo from my previous employer. Mind you my previous employer is not very happy with me because... its not if I win... its how much (I was offered 60K but can take because my lawyer fees + cost)! Therefore, at the end of the depo (dumb) the lawyer for the other side slid over my application for a certain state something. I look at it... OK. YES, it showed my minor charge from along time ago. Then he slides over these three sheets of paper. Well, low and behold, the first sheet is verification of employment. Then the other is a two-part release. The second page, I never seen, third sheet (page) was the one I had just signed a week and a half ago. I felt my whole life was going to fall apart. MY JOB! This lawyer was trying to say that I am a liar. This is not the case. Now it all made sense why it was taking so long for my background. This background check place and or hospital talked between themselves and (screening place) kept running my background thinking they were missing something.
Therefore, off to work I go. I am nerves because what do I say? I just waiting to see what would happen, but I knew that my previous employer had given the hospital information and the verification I feel invades my privacy. My lawyer even says so. Weeks go by then it comes back clear. Still did not sign my paper... waiting... waiting... then... long short cut short
A girl that I had become friends with came over on a Saturday. Sunday she called and accused me of stealing money from her. WHAT! &^%#& Needless to say I was very upset. She then went to work the next day and told the owner of the hospital. By Friday, the hospital called the temporary worker and said my assignment was over. WHAT? ^$(@&# He listen to her but not me. He would even let me talk to him, yet he says he has an open door policy. They claim that my time clock (talked about previously) was off. WHAT? I worked at home. On Thanksgiving, the techs called me because they could find product (out). This was frequent. In addition, I did research at home. In addition, if I left early Friday I would come in Sunday. My immediate boss approved it. How can they hide behind the temporary place? Can I sue this girl for slander? I have more questions but what do you people think of this?
:confused:

Wow! That really stinks, and I feel for you.

I would investigate 'wrongful dismissal'. Regardless of the reason (lame as they are), it is all one package, including the apparent theft. (That, incidentally, you were not allowed to challenge).

That they offered you a permanent job, and the job description went back and forth so many times, hopefully you have a copy of one of them? Important because it is different than the temporary job. What I'm getting at is they seemed to have fired you for reasons relating more to a 'temp' than a permanent employee.

Once you cleared the paperwork, did you sign a contract of any kind? Was there an increase in wages that you have a pay stub or direct deposit for? Is it possible to distinguish between the temp position, and the permanent position, clearly.

I do not think the background check is an issue (although it sounds really underhanded), because you cleared it. If they discriminate after the fact, with information they are not allowed to use against you, then I'd consider asking the lawyer about that as well.

One thing that I would immediately do, is create a professional letter, as a response to the actions and reactions of what has happened to you. Keep personal opinions out of it, and sarcasm, and just lay the cards on the table as you see it. Ask them to explain what they have done. Ask them if you can discuss this in person with them, and perhaps they would consider giving you your job back.

A court or legal process that includes, and shows an attempt by you to mitigate your damages by writing out your view of things immediately after it happened, as well as offering a solution, will look good for you.

Regardless how it turns out, at least you would have the professional satisfaction of addressing their business practices, AND, have something to show for it, should the next employer contact them, know what I mean?

Hello wow:

It's a sad story, and I think you were treated shabbily... But, I don't think you were treated unlawfully, though. They can fire you for ANY reason, unless you had an employment contract or were a member of a union.

Can you sue the girl? Sure, but you're going to have to PROVE she said what you heard she said. That's not going to be easy.

excon

What Country or State?

I'd say this is employment at will - you can be let go for just about any reason unless, as Excon said, you belong to a union or have a contract.

As far as slander, here's something I wrote for someone else on the board: "Briefly - Generally in law libel refers to permanent/written statements and slander refers to non-permanent/spoken statements. Defamation (of character) covers both categories. You must be damaged - and prove damages - in order to recover. The statements (either written or spoken) must be false but presented as though they were true and be beyond offensive, derogatory or insulting. Such statement must rise to a level which actually harms a person's reputation. In general the person making the statement must either know it isn't true or make the statement without attempting to verify if it is true. The defense to defamation is that the information was not presented as the truth (which covers gossip), that the information was never secret (privileged) and was always public."

I am not sure if you are saying you did or did not disclose the charge from a "long time ago" or just what that charge was.

It is not unusual for an employer to be generally dissatisified with an employee and look for any reason (or not have a reason) to dismiss the employee - and that includes info from another employee.

We need to know where he is.

In Canada, you can let someone go because you decide you don't like the colour of their eyes within the first three months.

After that, it gets much more difficult.

If you can prove you went from a temporary, probationary employee, to a permanent employee, and they fire you for your eye colour, you can be challenged on that, as it is wrongful dismissal, or without cause.

I think that the company in quesiton knew they couldn't fire him for his background check, knew they couldn't prove they fired him with cause, so they set about to find a way to do it anyway.

They didn't give him notice, (that I can tell), or severence, or any mediation at all to address what the implied reasons for dismissal were. He should be entitled to know why they did what they did, and if it was indeed, wrongful dismissal, then he should be compensated for that.

If you're a permanent employee, and approach your boss and tell him you have a problem with drugs or alcohol, he can't fire you until steps are taken to address the issue. Leave of absence, company medical referral, benefits, whatever is available, has to be offered. You can't just up and fire somebody.

Why they did it is the question. Was it legit, fair and with cause? Or was it not.

That is the question I think. I hope he posts again with more detail.

We need to know where he is.

In Canada, you can let someone go because you decide you don't like the colour of their eyes within the first three months.

After that, it gets much more difficult.

If you can prove you went from a temporary, probationary employee, to a permanent employee, and they fire you for your eye colour, you can be challenged on that, as it is wrongful dismissal, or without cause.

I think that the company in quesiton knew they couldn't fire him for his background check, knew they couldn't prove they fired him with cause, so they set about to find a way to do it anyway.

They didn't give him notice, (that I can tell), or severence, or any mediation at all to address what the implied reasons for dismissal were. He should be entitled to know why they did what they did, and if it was indeed, wrongful dismissal, then he should be compensated for that.

If you're a permanent employee, and approach your boss and tell him you have a problem with drugs or alcohol, he can't fire you until steps are taken to address the issue. Leave of absence, company medical referral, benefits, whatever is available, has to be offered. You can't just up and fire somebody.

Why they did it is the question. Was it legit, fair and with cause? Or was it not.

That is the question I think. I hope he posts again with more detail.



And suing for slander - ? I also have a problem - whether US or Canada - with the background check which showed "something" from "a long time ago."

Either way, agreed, need more info.

I think that slander is a sticky wicket. You would have to prove that whatever was done or said affected your reputation, and ability to do your job properly. Most likey anybody slandered to such an extent would have quit, rather than been fired.

The background check is common practise here. But, there are different levels, and costs associated with how extensive you want it to be. If you want a job in a daycare centre for instance, or with the RCMP, you'd have a more extensive (and warrented) one from a prospective employer. Just a run of the mill job in a call centre, or clerk in a clothing store, would require less.

What worries me here is this background check did more than what was required for the job. Prospective employers are not give licence to search your life, it has to be proportionate and reasonable.

My son just had to have a background check. He's heading overseas to teach. All they were allowed to look for were criminal convictions. I was happy to learn he didn't have any. :D

California is where I live. No I did not disclose. And this incident with this girl happen Saturday/Sunday... Monday this girl went to the CEO of Hospital and told him I stole her money and I do what I want in my position. Tuesday the time clock became a problem. I talked to my immediate boss and I didn't think anything more about that. I was upset that she accuased me of stealing her money and going in her pursue, even more. The time issue I thought was dead done OK. This girl was telling all kinds of people at the hospital I stole her money. People were telling me. There is a little more detail. Friday I was gone...

It really sounds like a horrible situation.

You go in there in good faith, and all hell breaks loose. That you don't know any more than you've said, speaks volumes.

Seems like you had no idea you would be treated in this manner, and that must have all knocked the wind out of you.

I would, if it were me, check this out with an employment lawyer. See if there isn't something that can be done to compensate you for the way you were treated, up to and including the dismissal.

It is still a good idea for you to attempt to personally get some answers directly from the source. It would give you more credibility, and them less. At least in my opinion.

Best of luck with this situation, I hope you'll post again with any progress you're able to make.