Background Check

[mountanddo]

I will be starting my new job on Monday but they called me today with a question about something they found in my background check. Apparently my former employer was asked if I was eligible for rehire. They told them no and it was due to attendance issues. Now of course my new employer is concerned about this and called to ask my side of the story. My side is that I actually quit my position. I was on FMLA leave from September of 2009 to December 15th. When I came back to work I had a request for accommodation from my doctor which included moving my cube to a quieter work space. They refused to do this stating that allowing me to work at home when I needed to fullfilled this requirement. A lot more to the story but way to long to write here. In essence I decided that it would be best for me just to leave the position as my boss was making it very difficult for me to be there on a day to day basis. So I was not fired or let go due to attendance issues, I voluntarily quit. I have never been spoken to about attendance and none of my reviews state anything about any attendance issues. I am actually a little surprised that they even told the person that because when I was there I did the employment verifications and the policy was to never answer that question and just give dates and verify salary.

Well, now my current employer said that while they would not withdraw the offer they are concerned about this piece of information and they would be keeping a close eye on it. I feel like I am doomed and destine to be let go should I take any time off at all.

Is there anyway to be able to dispute this information? I would like to get this taken off my record as I can see that it may come back to bite me at a future time. While it didn't prevent me from getting the job, it does paint me in a bad light to my new boss and now I feel like I will be under scrutiny should I ever take time off. I did have to explain to them the real reason why I left and about me taking FMLA which I really should not have had to do.

I thought I'd start here and see if anyone has any advice on where to go for answers or if I really can do anything.

[spidge]

Is your past empoyer allowed to state these things, even if true? What did your discharge paperwork say on it? Did you do an exit interview?
It sounds like your better off. Just stay true and stay the course. Avoid calling in sick, or at least be sure you take the least in the office. Honeslty, how many times have you called in and not been sick?
It took not being recognized for 10 years without a sick day taken for me to call in sick. My wife was even pissed because I went to work the day after our kids were born.

[IamOld]

mountanddo, this is a sad reflection on our society that we are expected to work until we drop dead. Anyway, enough of the rant.

The question here is:

a) did you have any sort of "settlement" agreement with former employer

b) if they simply said no we won't rehire based upon our policies, then - you MAY and I emphasize MAY have an FMLA and/or reasonable accommodation issue - HOWEVER - employment suits are VERY difficult to bring and expensive UNLESS you find a good employment atty who will take your case on a contingency - at the very least, for atty fees and a retraction/agreement from your former employer to never give out such info again.
It MAY be worth your while to search around for an aggressive employment atty...

[ValleYum]

Ugh. Your former employer has put you into an almost untenable situation. I am VERY surprised that in this litigious day and age that they "went there". I would ask for your new employer's concerns and the reason for these concerns in writing (then you have a paper trail leading to your former employer). The new folks may or may not give it to you of course.

You will have to be very careful for the first year. I am sure you know that in order to be eligible for FMLA you must have worked at your new company for more than 12 months and you also must have worked at least 1,250 hours during that year (average of 25 hours per week). What size company are you going to work for? You need to remember that FMLA is only a guarantee if the company employs more than 50 people within 75 miles of your work site.

I am not sure if there is any way to unring this bell, so to speak with you new employer BUT I sure as shooting would be talking to a damn good employment attorney to perhaps go after your former employer because (1) I think they have used your FMLA against you in a retaliatory manner with a negative reference regarding attendance and (2) I think they may have an ADA problem with their denial of your accommodation request for a cubicle relocation.

Good luck with this. I am so very sorry that you have to start your new job with this kind of cloud over you.

[AZNoName]

Honestly I thought all the previous employer could do is confirm that you worked there. I thought people could not ask that information when checking previous employment!

[IamOld]

AZ almost anything non-discriminatory can be ASKED - it is whether the former employer is willing to disclose. The "would you rehire" sadly, is a standard question these days for most places.

[mountanddo]

You will have to be very careful for the first year. I am sure you know that in order to be eligible for FMLA you must have worked at your new company for more than 12 months and you also must have worked at least 1,250 hours during that year (average of 25 hours per week). What size company are you going to work for? You need to remember that FMLA is only a guarantee if the company employs more than 50 people within 75 miles of your work site.

Yep, I used to administer their FMLA so know all about that. Let's hope now that I have some medical insurance I will find some good solutions to handle my Fibromyalgia and won't have to take time off.

I am not sure if there is any way to unring this bell, so to speak with you new employer BUT I sure as shooting would be talking to a damn good employment attorney to perhaps go after your former employer because (1) I think they have used your FMLA against you in a retaliatory manner with a negative reference regarding attendance and (2) I think they may have an ADA problem with their denial of your accommodation request for a cubicle relocation.

I already spoke with a couple of attorny's regarding the accommodation before I quit and they said I would never win because I was in HR and they had every right to require me to sit in the HR department because of sensitive information.

After doing a bit of reading, I think I will just let this go. I am going to be hard pressed to win anything and since the employer did not withdraw the offer really what damages did I incurr? I will contact the reporting agency though and file a dispute or ask them to take it off their records and see if they do.

Good luck with this. I am so very sorry that you have to start your new job with this kind of cloud over you.

Thank you! I am not going to let this ruin my outlook. The old company took way too much of my time when I worked there. I won't allow them to take up anymore.

[PANSYFACE]

Hi - I have Fibromyalgia also. I discovered something that did work for me at one point , sadly I got sick with something else for a month and stopped taking the Vitamin D3 that after a time virtually eliminated my symptoms. I started with 2000 units a day and increased to 5000 units a day - it takes a while to build up. It doesn't happen overnight. Research it - it did work for me but I have to start over again and of course the stress of losing my job and house and bankruptcy all at once is a challenge.

hopefully your new job will be stressfree and rewarding ,best of luck!

[mountanddo]

Hi - I have Fibromyalgia also. I discovered something that did work for me at one point , sadly I got sick with something else for a month and stopped taking the Vitamin D3 that after a time virtually eliminated my symptoms. I started with 2000 units a day and increased to 5000 units a day - it takes a while to build up. It doesn't happen overnight. Research it - it did work for me but I have to start over again and of course the stress of losing my job and house and bankruptcy all at once is a challenge.

hopefully your new job will be stressfree and rewarding ,best of luck!

That is interesting that you would say that Pansyface. Twice now I've gone to the doctor and they put me on 50,000 IU of Vitamin D for 6weeks because my levels were so low. Vitamin D that you get at the store doesn't seem to work. Can you get vitamin D3 over the counter or is that what the doctor prescribes? My vitamin B12 also is dangerously low and the doctor said I don't absorb enough from food so I was taking injections. Of course when I lost my insurance, I stopped that too. I am hoping to be able to get to the doctor soon and have them do a complete blood work up and start trying to get my health back to where it should be. This is very good news and gives me some hope!

[PANSYFACE]

I have heard of people with low levels of vitamin D havine to get thos massive doses. I didn't have a deficiency just had read about using vitamin D to relieve the problems of aching, stiffness etc. I literally couldn't bend over and get dressed at one point or walk without a great deal of pain.vitamin D (3) is sold everywhere - watch for the sales at walgreens or cvs - they have buy one get one free every couple of weeks. I buy the 1000 unit bottles so it is easier - less pills to swallow. Good luck!

[ValleYum]

I had my Vitamin D levels checked this year. My level was a 4. LOL the doctor was so shocked at how low it was. They want you to be somewhere from 40-80. Taking the 50,000 unit D3 pills weekly seemed to help with some of my fibro pain. I take 2 of the 1,000 unit pills daily now. It hasn't helped much lately since I have blown out another disc in my lower back.

I hope you get back to see your doctor soon mountanddo!!

[mountanddo]

It sounds like low vitamin D levels is a common thing with people that have fibromyalgia. I can get the D3 through Walgreen's for a reasonable price at 5000 IU. I think I might just start doing that and see what the levels look like when I get blood work done. I don't think it could hurt and honestly I am so wiped out right now it's unbelievable. Not a good start to a new job where they already are scrutinizing my attendance!

[GoingDown]

Interesting about the vitamin D helping with fibromyalgia. I've heard it also my help to reduce the chances of getting cancer because it helps to repair DNA.

[mountanddo]

It's strange that my Vitamin D level goes down if I am not taking the huge doses that the doctor prescribes. I'm sure that is is made differently than the OTC formula because you just would not be able to ingest 50,000 IU of OTC Vitamin D. And the pills the Dr. prescribes are tiny. When I get my physical done I will ask for a complete blood series and see what their advice is. I drink milk quite a bit and eat cheese and dairy foods but I don't go out and sit in the sun very often so that may be a reason too.