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About a year and 4 months ago I started working for a company as a consultant (large IT firm). This was a W2 position but as a temp (think if someone works for Adecco or Randstad, the company itself vs as a temp W2). Well my work was fantastic and so they wanted to hire me as a perm W2 for the company. As part of this they did another background check,and this is where the mess began. Given I thought my work spoke for itself I wasn't worried about it at all. Also the fact I had passed one a little more than a year ago.

The way the budget was setup, they only funded my existing role (both of these were the exact same job for the exact same client just working perm vs temp) through the end of March with funding for my new role from April forward (I had no idea about this). When it got to the first week of April they asked me to go back and modify my March time sheets to bill the time in March instead of April where there was no budget. The second week of April I was told that I failed the background check for the new position and basically that my old position ended the previous month. I wasn't fired or terminated nor have I even to this day been notified in writing that the initial role or my job ended.

So a week later I receive the BGC failure letter and it says I failed for 2 reasons - criminal and employment. The criminal was due to a DUI that is a misdemeanor which from what I understand is not legal to take into consideration in California unless it impacts your job role and the employment was because I put a start date for a job that was Feb when it was September.

About a week later I called my old manager and I was explaining to him the DUI actually occurred before I started there and I just put that job date to cover the full 5 year period they requested, it wasn't a lie that it was the only job in the last 5 years and he said, actually those 2 issues were not the issue at all- it was because I said I had a college degree and I didn't. So. I wrote to HR and apologized for misrepresenting my education and I outlined my 28 years of experience and the fact that my manager can verify I contain the skills to complete the job and they said they will proceed with hiring me now. (Pretty weird since they never indicated education was the reason for denying it)

My questions are:

  1. Is it an issue I was never notified of my termination?
  2. Was it an issue that they indicated they were denying my employment for a misdemeanor DUI charge when California law doesn't allow for this?
  3. Is it an issue that they lied to me about the reason that they denied me for the job?
  4. Was it an issue requesting me to classify my time entry in different months?
  5. Since I was already doing the exact same job for them and had already passed the background check was there an issue with requiring a college degree for a job I had been doing for over a year with great reviews?

Ultimately I went from expecting to switch to a perm employee to being unemployed in a matter of an hour. Seriously unfair and a shock to my system to say the least. Even with them saying they are proceeding to hire me I am not thrilled about being here.

Thanks, MG

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Kevin Geurts is a new contributor to this site. Take care in asking for clarification, commenting, and answering. Check out our Code of Conduct.
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