bb1314

iTrader: (62)

I figure we have all kinds of expertise here in Mid-A. Help me out here.

The story is a bit long so please be patient. My girlfriend went to a job interview and they gave her a verbal job offer. She had to take the drug test and a do background check before receiving the formal offer. She received a list of drug test centers from the hiring company. So she went to one in downtown Washington DC only to find out the place no longer does drug test. She received information and directions to another drug test center that was supposedly to be walking distance. So she ended up walking 30 minutes wearing heels to the other drug test center and realized she left the paperwork she received from the hiring company for the drug test in the previous drug test center. Due to the long walk, she asked the receptionist if it is possible to get a copy of the paperwork faxed over. The receptionist kindly told her they are not allowed to do that. So she got on the phone while she was still at the drug center to talk to the hiring manager about the situation to see if there's anything they could do about it. A lady (aka a *****) came up to her while she was on the phone and was talking around my girlfriend. Since my girlfriend was on the phone, she had no idea the lady was talking to her. So when she got off the phone, the lady started yelling and screaming at her telling her that there's no cellphone allowed in the test center. She told my girlfriend to leave the facility and threatened her that she'd call the security. So they got into some slight arguments but my girlfriend kept professional and just tried to explain to her the situation. Finally she left the facility and she did the drug test the next morning at another test center closer to where we live. A few hours later the hiring manager called and told my girlfriend a letter was emailed to my girlfriend which needed to be signed for the background check (this showed the offer was on obviously). A few hours later the hiring manager called again and said someone from the drug test center contacted them and told them my girlfriend was acting unprofessional. And since the hiring company and the drug test center were business partners, they had to revert the offer.


Now... do we smell a lawsuit? I heard something similar before like if a hiring company calls the employee's previous company for a reference check and the previous company says something bad about the employee that causes the job decision, it's illegal. I'm not the expert in law here, so please give me some facts and opinions!

Thanks!!!

rockinbboy

iTrader: (1)

Sure...go for it. It really boils down to what she said she said kinda of deal.

bb1314

iTrader: (62)

I asked around. Sounds like the question should be, "Can the drug test facility provide information on anything other than the outcome of the drug test?" It is too hard to prove what was said and done in the facility.

350Ricky

iTrader: (12)

Sounds to me like the company your gf is trying to apply for a company who takes only the word, not facts from the drug testing facility.

Now... If your gf is professional, pass the drug test, and courteous, there shouldnt be any reason why you gf shouldnt be hired. I think this maybe a form of unequal employment rights.

bb1314

iTrader: (62)

The hiring company is stupid for making such a decision based on some lady's opinion without any lawful judgment after 4 freaking successful interviews and a passing assessment test. I feel like something definitely could be done here. Maybe not so much to the hiring company but definitely on the drug test facility.

NX2KDET

iTrader: (10)

Deflamation of character and possible psychological abuse.

shocka04

iTrader: (7)

If I were her, I wouldnt bother. say you do tell them you're going to sue so they give her the job. would you really want to work for a company that knows you were going to sue them?

ratm68

I'm no expert either, but if a hiring company can't use any of the info/intel they gather from your pass reference, then what purpose does that serve? Isn't the reality being, that an offer and employment is "at will"? meaning you can quit for any reason and they can fire you for any reason (that isn't discriminatory).

IMO, only possible suit might be towards the draw testing facility for reporting her to the hiring company. It's clearly not their duty, but it's also not illegal to file a complaint. I think you would have to prove tort or that the lady had a motive to make the call to prevent the gf from getting the job. I think that's hard to prove.

jeffie7

iTrader: (4)

They never hired her, chances are they'll just blow it off like nothing ever happened, you go to sue, they'll just say they never hired her, she was just in the drug testing stage.

If she has paper work with info about a start date, what her job is and anything else like old employers that were called for a reference check, then maybe you could have something.

IMO its a total waste of time, what is your goal?

Do you want her to get the job? or do you want money out of this?

time = money, chances are they have a lawyer that works for the company and you would have to hire one so time wasted + hiring a lawyer = fail
suing them and winning so the judge forces them to hire her..... working for a company that sucks major bawls, = fial

its a lose lose, just move on.

davidv

iTrader: (2)

Lawsuit against a company for not hiring you? Doubt it.

OCMan

high heel rocks.

The Brickyard Rat

iTrader: (1)

Don't blame you for being upset but the bottom line is a suit ain't gonna happen.

You would never find an attorney to take it on contingency & I doubt you can afford the $100,000 or so it would take in fees.

PS: We do need pix of G/F (in heels) to fully evaluate your case.

whitelightnin

iTrader: (6)

Uuuuuh? That why you have to list previous employers and phone #'s on a job application.........They're just doing their job by letting the next company know that that person sucked as an employee.

Could you sue your friend that you list as a reference if he doesnt give a good recommendation for you if you guys had just had an argument or something?

bb1314

iTrader: (62)

I had never even thought about suing the hiring company since I know their rights. But the drug test facility definitely did something out of their way. They went as far as looking up the "sign in sheet" on their list, called up the hiring company and just went through the list to figure out who the girl(my girlfriend) was and filed a complaint that was totally based on opinion. And that resulted in her losing the job offer. We're definitely not trying to sue the hiring company so she could get the job like some had suggested. We want some punishment to the drug test facility or the person responsible. She went as far as telling my gf the GTFO in front of all the other customers, co-workers and called her a wh0re for no reason when she was by the door. I think you now see where the frustration comes from.

350Ricky

iTrader: (12)

Youre gunna need a lot of evidence for this if youre going to persue this case. Goodluck.

For me, I hate going to court for tickets let alone for a lawsuit.

bb1314

iTrader: (62)

If a lawsuit is not possible, we'd be happy enough if we get that lady fired for HER unprofessional behavior. I think we're gonna try to escalate it to her higher up very much like what she pulled.

djamps

iTrader: (1)

+1

JasonZ-YA

iTrader: (60)

lol...i was waiting for that question...lol..

-j

H4RDCOR3

Go back to the drug test place and raise hell with them.

H4RDCOR3

exactly. Go in and talk to the manager and explain what the ***** did to you're gf