Random Fail: First World Problems

[Kalmado]

I can't speak for all companies. It is fairly rare for a company to just completely sever ties with a model employee without stepping them through the disciplinary process. Simply because they open themselves up to a wrongful termination suit.

As to the background check failing I would question if the company entered the information correctly. If you have no legal issues, record, etc you should not have failed. You would need to find out which third party vendor provided the background check and then make a formal request for the info that was submitted by the potential hiring company.

We use a group called Hireright. It's not a mistake that we collectively refer to it as Hirewrong. This company makes tons of mistakes that cost people jobs and money. They are our national vendor so we're forced to use them. Point being, they make a shit ton of mistakes and aren't even close to 100% reliable. We tell our garages if someone fails immediately run them again. Then if they fail a second time, they need let go.

I wouldn't say I was a model employee, but as stated never had a disciplinary action taken against me. My wife thinks it was because I was going to be owed a $4500 bonus in two months from the time I was let go (crushed sales goal). I think it was because I worked with a bunch of fossils and they didn't like the "young guy" in the department.

For the background check, I did receive the official report from the background check company. I had a DUI in 02/09 in Florida. All items requested by the courts were completed by 06/10 and I moved back to Michigan the next month. Since then I had received my Michigan DL, national license to be a mortgage producer, numerous state licenses for mortgages, and all insurance licenses for the state of Michigan. Obviously if I had any issues with the background check I wouldn't have been able to receive these things. In 2015 the background check company said I had violated probation by not completing items by the court. That is why the position I had received was reneged on.

[Brill Weave]

If they run their checks like we do, we only care about felonies within the last 7 years. That seems to be the guiding light. If they are looking for misdemeanors then the DUI would have shown up and caused the rejection. It all depends on what they are looking for. It should also have been clearly explained to you before submitting to the hiring process.

[Malithar]

It all depends on what they are looking for. It should also have been clearly explained to you before submitting to the hiring process.

I don't believe this is done at most jobs, at least not in KY or OH. You receive a form to fill out giving them permission to run the check and permission of who to release the information to, but no where on the form does it dictate what they're looking for. At some places you're given a chance on a prior form to volunteer any information concerning previous offences prior to the check finding them. Source, the three interviews/release of information forms I've filled out this week.

Nah son, that's not how it works in the real world. You get stepped through the process. Period. Because any company worth it's shit will have a legal team on retainer and they will check HR at the door on a potential lawsuit. This is a lawsuit.

It's not that I don't believe you, it's that I don't think it's a strong enough case. Spoilering the excerpts from the handbook below with deleted company name. I don't think it leaves any avenue open, even though the process was not followed to any degree. I had never even had a verbal warning for anything remotely like this, had a verbal for tardiness like 2 years ago, construction + Cincinnati morning traffic is bullshit. All I could see them saying is they felt it was such a grievous violation that they did what they felt was appropriate, which the handbook says they can do. I guess I could bring up how the reported incident was 6/12, but they didn't take action until 6/16. Some urgency...

Spoiler: show

[Brill Weave]

I disagree. It's a strong case. If you've been a model employee with no issues like this in the past, you have a shot. Additionally they fired you based on one person's view that what you did was threatening/aggressive. Were other employees interviewed? Does this employee have anything to gain by your termination? I've been in upper management for over ten years. This does not pass the eye test.

[Yuri-G]

random glimpse inside the PTSD brain:


what they say: "for sure we should hang out this weekend! I'm going to a pool party tonight, not sure what my plans are Saturday/Sunday"


what I hear: "I didn't invite you to the pool party tonight because I don't like you and you suck, haha loser!"


I mean w/e, I'm able to recognize those thoughts and intervene before I act on them. but fucking Christ is it annoying having a brain that constantly does this shit.

[BaneTheBrawler]

"I like pool parties. Is that an invitation?" All flirty-like. Step up yo suave son.

[Brill Weave]

random glimpse inside the PTSD brain:


what they say: "for sure we should hang out this weekend! I'm going to a pool party tonight, not sure what my plans are Saturday/Sunday"


what I hear: "I didn't invite you to the pool party tonight because I don't like you and you suck, haha loser!"


I mean w/e, I'm able to recognize those thoughts and intervene before I act on them. but fucking Christ is it annoying having a brain that constantly does this shit.

[Yuri-G]

PLEASE DO


I want to smack myself upside the brain so hard sometimes

"I like pool parties. Is that an invitation?" All flirty-like. Step up yo suave son.

I like the way what what you thinks.

[Malithar]

What could I do then? I spoke to a lawyer earlier in the week and he asked a few questions pertaining to discrimination, favoritism, benefits (pay raise, bonus, etc), read over my discharge paper I had, and said he didn't think there was a strong enough case to pursue. He recommended pursuing small claims for the unpaid wages/vacation issues, and that's where I'm at. I mean, maybe he was a shit lawyer, I don't know much about them. I came to the same conclusion because from what I read online about at-will employment states, if it's not discrimination of some kind or shutting down a whistle blower (fun fact, this handbook has a section called "Loose Lips Sink Ships" which touches on whistle blowing), then you're left with an uphill fight.

[Brill Weave]

I would at the very least go talk to another lawyer.

[dasva]

What could I do then? I spoke to a lawyer earlier in the week and he asked a few questions pertaining to discrimination, favoritism, benefits (pay raise, bonus, etc), read over my discharge paper I had, and said he didn't think there was a strong enough case to pursue. He recommended pursuing small claims for the unpaid wages/vacation issues, and that's where I'm at. I mean, maybe he was a shit lawyer, I don't know much about them. I came to the same conclusion because from what I read online about at-will employment states, if it's not discrimination of some kind or shutting down a whistle blower (fun fact, this handbook has a section called "Loose Lips Sink Ships" which touches on whistle blowing), then you're left with an uphill fight.

Those exceptions are for all states I believe. Most states still have other exceptions. Like yes employers can largely determine what standards they will keep you around for... but most states including Ohio they have to actually uphold the standards they set. Agreements voluntarily agreed upon between people still must be upheld like you also might have agreed to a 2 weeks notice and of course that background check. Employee handbooks have a history of being used as an implied contract unless there is somewhere in it a clause that backs out of that like saying it isn't one or that it's just a guide. Some at will states even have more exceptions but don't think Ohio does.

Did you show your lawyer the handbook because that snippet looks like it could at least be argued reasonably (though not slam dunk) in court that they failed to comply. And well really that's often all it takes for them to take it seriously. Because in the end that's the real reason they are letting you go. They don't think you actually threatened or harassed her from the sounds of it. But she could raise enough of a fuss that if not nipped in the bud they'd be better off settling than winning a slam dunk case. And well settling is more expensive than letting go an employee who probably wont do anything.

I agree with Brill. Lawyers are like doctors sometimes you need a second opinion lol. But he will also need any documentation that has anything to do with the terms of your employment, continued employment and policies etc in adverse work conditions lol. And if you had any conversations about your employment or job security though that is harder to prove obviously. I don't recommend it but damn my spitefulness would make me want to fly a harassment complaint over her or maybe file liable since she ya know did make shit up to get you fired




All right my fail. Crazy customer wants us to shred her old VHS tapes. Like seriously how secret is your old copy of Saving private Ryan? But no she's super paranoid. Apparently been paying too much attention the FBI warning

[Brill Weave]

You realize if you watch those tapes you're either going to see a snuff film or a real life version of the Ring right?

[Buffy]

My house went on the market yesterday. It's had 5 showings in about 30 hours. Real Estate Agent just got a call asking if it was under contract.

The fail here? I think I underpriced the market and might have kinda screwed myself.

[Brill Weave]

If it was higher than any houses close to you, you're fine.

[Boyiee]

What's the appraisal in comparison?

[dasva]

You realize if you watch those tapes you're either going to see a snuff film or a real life version of the Ring right?

Damn I knew I should have saved them... actually we have had to destroy stuff like that before. Well not the ring but old court/police evidence that was pretty disturbing from just what I saw as it went in

[Yuri-G]

Damn I knew I should have saved them... actually we have had to destroy stuff like that before. Well not the ring but old court/police evidence that was pretty disturbing from just what I saw as it went in

I know a lawyer who specializes in sex offender cases... I honestly don't know how she compartmentalizes the evidence she has to review on a daily basis.

[Kalmado]

I know a lawyer who specializes in sex offender cases... I honestly don't know how she compartmentalizes the evidence she has to review on a daily basis.

Like pediatric critical care doctors (and many other professions) it takes a special person to do those types of jobs. I know I couldn't.

[BaneTheBrawler]

Managing Crohn's is a delicate balance. I have swung too far, and now I need to shit but I cannot. My guts are cramping. I have the barrel double-shotted but the charge won't go off. this is my #2 most painful Crohn's types of situations and I am supposed to be at work in 5 minutes. fuuuuuuuuuuuck. I have a verbal corrective action waiting for me when I get back cos ive missed too much time to exactly fucking this. god fucking damn it all to fucking shit infested fucking hell.

[Anoat]

CenturyLink is such a fucking clown shoes organization.

I had an account for two weeks in September 2015, it sucked and their billing was not what I was promised, after having it out on the phone with them I said fuck this and cancelled it while I was in my 30 day no charge window. Returned all the stuff, filled out all the surveys and forms to not pay. Deuces.

Now in June 2017 I get an email saying I owe them $15. I call and OF COURSE the billing department isn't open on the weekends. So I call my local store and the dude says only his manager can make adjustments to accounts and conveniently he is on vacation until Thursday and I should call back then.

This shit right here is why you ALWAYS keep receipts and documentation with these types of companies. Unfortunately for them I kept all this shit and they aren't getting shit from me.