Trying to Help a Friend

This is a discussion on Trying to Help a Friend within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; Good day to all. I am seeking an answer to a single question regarding a friend who I feel has ...

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Old Oct 21st, 2009, 06:11 AM   #1
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Confused Trying to Help a Friend

Good day to all. I am seeking an answer to a single question regarding a friend who I feel has been discriminated against by an employer. My friend has good hygene and is clean cut but would stand out among the "well to do" so called "preppy" appearance of the other workers there. He is about 5ft 8in tall, black curly hair with glasses, somewhat overwight, and walks with a limp caused from a leg deformity which ceartainly does not hinder him from performing extreme activities. Here's his situation as breifly as I can explain it (Please bare with me). My only question is if my friend has a worthy case if he filed charges regarding this matter or would it be a waste of his time? What should he do?

My friend Ed who is 19yrs.old, and his girlfriend both turned in applications, recieved interviews, and were hired at the same time by a clothing apparel company with a nationally known household name. Now durring Ed's interview and on his application he was asked if he has ever been convicted of a crime, which he openly admited that he had been convicted of a misdemeanor that consisted of theft. He explained to the hiring manager that he drove a couple of friends to a grocery/department store, but after leaving they were pulled over by the police due to his two friends shoplifting a few things, and how if he would have known what they did he would have never let them in his car. This is the only trouble my friend has been and is, polite, kind, intelligent, and hard working.
The interveiwer stated that he would need to discuss Ed's employment eligibility with the main boss who eagerly announced that Ed's situation would not be a problem and to give him a job. Ed was to start Oct. 19th (Three weeks after hired) and after an hour and a half car ride he arrived an hour early. When he walked in he was told by a different person " I know you was scheduled to work today but I can't work you". Ed asked "why not?". The man stated " Your background check indicated that you had a misdemeanor on your record". Ed explained "That was understood durring the interveiw and the head manager was aware of it too". The man said, while looking in a folder " Yeah you was totally honest on your application and durring the interview, but the note on your application says I can't let you work". He then showed a brisk peek of it to Ed who asked "Can I see that again?" The man replied "Well I'm not allowed to show you". Ed asked "Why was'nt I told this sooner instead of driving an hour and a half to be sent home?". The man replied "I wanted to talk to you in person." and Ed said "I don't understand". Then this man changed his reasoning and told my friend " Well truthfully we hired 30 more people than we needed and we have to send people home".

I apollogise for the length of this post and sincerely appreciate the ones who have taken their time to read it. I"de be gratefull to receive, and welcome any feedback or advice from anyone educated (Preferrably Certified) in legal matters as this. Thank you again for your patience and have a wonderfull day.
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Old Oct 21st, 2009, 03:05 PM   #2
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Default Re: Trying to Help a Friend

It is not illegal unfortunately to retract an offer due to a record...it would probably be hard to sue or take action here.
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