A little help here

[pcosmar]

I don't know if this should be moved or not, ( up to Mods) But I could use some advice/moral support from the other minds that visit here.
It is known that I am an Angry American, but I am just so Pissed Off right now.
I have been unemployed for several years, and thought I had a job earlier this year. I was turned down due to a Background Check. ( I do have a Background) I have never had trouble getting a job in the past, and have been getting a runaround for over 4 months.
I am convinced that I am being BlackBalled. But how do I prove it?
Is there anything I can do about it?

I know that the internet is not a good place for legal advice, But there are some great minds here, and some with knowledge of the law.
Take a look here.
http://pcosmar.blogspot.com/2009/08/employment-woes.html

Would appreciate any help.

[JoshLowry]

Good luck, I hope someone can help you out!

[Cowlesy]

will take a look after work --- you da' man PCO --- no letting the Man get you or any of us down!

[pcosmar]

will take a look after work --- you da' man PCO --- no letting the Man get you or any of us down!

All I wanted was to see the Background Check that was done.
I have gotten nothing but a runaround over it.
now this Background Check (that was done later) tells me nothing.
This one was requested 7/21/09.
I want the one that was done in March. :mad:

[pcosmar]

bump for the evening.

Does anyone know what the law is on disclosing a Background Check to the person concerned?

[phill4paul]

bump for the evening.

Does anyone know what the law is on disclosing a Background Check to the person concerned?

I have no idea pco. Things seem kinda fishy. I hate it for you, bud. If I'm not mistaken this is for a grounds maintenance job, right? I mean WTF, if an ex-con can't get a job doing that then there is something screwy. My bet is that there are other factors involved and they are using background check as an excuse.
I hope it works out for you.

[moostraks]

All I wanted was to see the Background Check that was done.
I have gotten nothing but a runaround over it.
now this Background Check (that was done later) tells me nothing.
This one was requested 7/21/09.
I want the one that was done in March. :mad:

Seems like they would have to disclose if it is why you were not called back. Meaning they should have to give a copy (like a credit report that shows an issue). Have you tried the labor board? I would go that route if you are certain that you will not get employed by that business and you aren't worried about bad blood with the company in question. The labor department might have something online to indicate your rights as well.

[pcosmar]

I have no idea pco. Things seem kinda fishy. I hate it for you, bud. If I'm not mistaken this is for a grounds maintenance job, right? I mean WTF, if an ex-con can't get a job doing that then there is something screwy. My bet is that there are other factors involved and they are using background check as an excuse.
I hope it works out for you.

My thoughts too,
So far, I have been turned down for 2 jobs based on a Background Check.
One from Walmart, pushing carts in from the parking lot. And this one for Grounds Maintenance.

These are the only ones that I know of. However, I have put in applications in several places and it seems that I am not being considered for any.
Quite disheartening. :(

[pcosmar]

Seems like they would have to disclose if it is why you were not called back. Meaning they should have to give a copy (like a credit report that shows an issue). Have you tried the labor board? I would go that route if you are certain that you will not get employed by that business and you aren't worried about bad blood with the company in question. The labor department might have something online to indicate your rights as well.

I have been to MichiganWorks several times, though not with this question.
They have not been helpful so far.

[moostraks]

I have been to MichiganWorks several times, though not with this question.
They have not been helpful so far.

Sorry to hear that, Ohio's is basically a computer room in our town. We have to do everything online. Got to love budget cuts where the only folks employed are the machines!

[pcosmar]

I edited the SSN on the report posted on my Blog.

Though it would serve some thief right to try to use it.

Identity theft??
You don't want to be me.

[driller80545]

Screw em. You are way more valuable as a lobbyist for freedom.

[dr. hfn]

be a martyr for american liberty!

[Mrs.Joe]

have you contacted the local or state police to request a background check on yourself? you will probably have to pay but you can still get it normally.

[pcosmar]

have you contacted the local or state police to request a background check on yourself? you will probably have to pay but you can still get it normally.

I am well aware of my background.
As posted on my Blog, I just got a background check from the H.R. dept at MMG. It is not the Background report from March when I was refused the job.
I had gone to work that day, The local people were glad to have me on board. It was later in the day that the main office call and said I could not be hired.
I still have not seen that report and have no idea what it said.

My ( very old ) criminal history was on the application. and was not a factor. At least not to any that have worked with me. Not to my Old employer in Florida, and not to Homeland Security when I got a Port Pass.
It certainly has nothing to do with my ability to mow lawns or dig holes in the ground.

[pcosmar]

Bump
Buried by Birther/Anti-Birther crap

[torchbearer]

Here is another suggestion-
If you think a former employer may be blackballing you, borrow a cell phone from someone and call them pretending to be a manager from another business. if its a small town, say you are a company in another part of the state.
tell them you got an application/resume from (yourself-insert name) and that you are checking to see how he was as an employee.
Be sure to record the call.

I know in louisiana, the most someone could say without being liable for damages is "mr. John is not eligible for rehire".
If they do more than this... as in they are actively trying to prevent you from getting another job, they can be sued in court easily.

[acptulsa]

Check local laws to see if you need to inform them when recording the call. If you do need to and you don't do it, you can't introduce the recording as evidence in court.

[pcosmar]

Here is another suggestion-
If you think a former employer may be blackballing you, borrow a cell phone from someone and call them pretending to be a manager from another business. if its a small town, say you are a company in another part of the state.
tell them you got an application/resume from (yourself-insert name) and that you are checking to see how he was as an employee.
Be sure to record the call.

I know in louisiana, the most someone could say without being liable for damages is "mr. John is not eligible for rehire".
If they do more than this... as in they are actively trying to prevent you from getting another job, they can be sued in court easily.

The thought occurred , but I doubt it is a former employer.
When I left it was on good terms. I was well liked and professionally respected. I am sure if I were to return to Florida I would have no problem either being rehired or finding a job. Every bodyshop in the area was wanting me.
This is something different.
and puzzling.

[Oyate]

Would appreciate any help.

Hello. My name is Help. Did you call me? What can I do for you?

Help comes when it is called. Help goes where it is sent. Help comes with this nifty tool set including iced tea. You call, I come. Help is here. What do you want Help to do?

[pcosmar]

Hello. My name is Help. Did you call me? What can I do for you?

Help comes when it is called. Help goes where it is sent. Help comes with this nifty tool set including iced tea. You call, I come. Help is here. What do you want Help to do?

Hi "help". Do you know a good lawyer that can smell money in this.
I have no money to hire, but would gladly agree to a substantial split of any settlement.

Or even point me to some case law regarding Background Checks, and Denial/refusal to disclose results.

[pcosmar]

I've been pokeing around some sites and ran across this,
http://www.bankrate.com/brm/news/advice/20050216a2.asp


If an employer is prepared to deny you employment as a result of information obtained during the course of a background check, the employer must provide you with a "pre-adverse action disclosure" before that decision not to hire you is actually made, according to the Privacy Rights Clearinghouse. This disclosure should include a copy of the report and an explanation of your rights under both the Fair Credit Reporting Act and the Fair and Accurate Credit Transactions Act.

Massad says that at this point, or even before this point, many employers will give you the chance to explain any problems. "For example, if you have the same name as your father and the background check shows that you have problems, you could call the company that reported the inaccurate information and figure out how to dispute it," she says. "Many employers will give five to 10 days to dispute that information and once the information has been corrected, consideration will again be given to that applicant."

If a company denies you employment as a result of this information, it must give you an "adverse action notice" that includes the name and contact information of the screening company, that the employer made the adverse decision -- not the credit reporting agency -- and that you as the applicant can dispute the information for either accuracy or completeness.
The Company has not done this, and has been giving me a runaround for 4 months.
This may be of some help if I can find a shark (Lawyer) that can smell blood in the water.

There is also the issue of the second Background Check that I did not authorize. Not sure if an unauthorized Check is legal.

[phill4paul]

I've been pokeing around some sites and ran across this,
http://www.bankrate.com/brm/news/advice/20050216a2.asp


The Company has not done this, and has been giving me a runaround for 4 months.
This may be of some help if I can find a shark (Lawyer) that can smell blood in the water.

There is also the issue of the second Background Check that I did not authorize. Not sure if an unauthorized Check is legal.

Sounds like you might be onto something Peter. Keep checkin' and also just talk to some local lawyers. Maybe some of them will do pro-bono for a tax write off. Good luck!