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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33555
Experience:  Retired (mostly)
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Im a contract security guArd thanks company bieng taking over

Customer Question

I'm a contract security guArd thanks company bieng taking over by paragon security. Which is a sister company of Pinkerton secuity. I worked for pinkerton in the past and was fired for insuborbation. The new company told me to go apply on the company website and was unable to so after I put in my ss number it told thanks for your interest and where not hiring. I tried another sister company securitas and it did the exact samething. I was ask by the hr lady reason for leaving over phone. So I don't know Wharton do now or can they stop me from applying at the new company because of something that happen to me at a different company.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Cal. Labor Code Section 1050 prohibits a former employer from preventing or attempting to prevent a former employee from obtaining employment, by use of any misrepresentation. However, a truthful statement by a former employer is allowed.

If you are finding that you cannot apply for a job after doing no more than entering your Social Security Number into a website employment application, this may violate California law, assuming that the underlying computer program is preventing you from applying based upon misrepresented facts.

You can file a complaint with the Division of Labor Standards Enforcement.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33555
Experience: Retired (mostly)
socrateaser and 2 other California Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
I work as a contract security guard for the past three years without issue. A company by the name of paragon security was awarded the contract. I was told to apply at the company website which I was unable to do to the fact that my name and social security Number was red flagged as a no hire. This according to Paragon. I worked for a company by the name of Pinkerton government services about four years ago. I was terminated for cause with Pinkerton. I come to find out that I'm on a Pinkerton no hire list. Also Pinkerton and paragon are affiliate companies. I was told that since I was on a no hire list for Pinkerton and since paragon is a sister company they have a no hire blanket policy including all of there companies which has to be around 20,000 employees. So I've been told is that I'm not going to be hired because of happen at Pinkerton 4 years ago. I just would like to know if I have any legal position on this or can I work something out with company to get me off this no hire list so I can save my job. I'm also interested In Exploring a mutual separation agreement from Pinkerton so I can move on with my life. Thanks
Expert:  socrateaser replied 10 months ago.
Hello again,

In our last correspondence in mid July 2013, I explained that you could file a retaliation complaint with the Division of Labor Standards Enforcement.

Did you file the complaint?


Customer: replied 10 months ago.
No, I did not. But my questions now is how to get off this no hire list. What would be my best recourse to take.
Expert:  socrateaser replied 10 months ago.
Your best recourse is to file the complaint with the DLSE, because the former employer is violating California law, by creating a "blacklist," and placing your name on that list.

If DLSE agrees that the employer's actions are illegal, then not only will your name be removed from the list -- the entire list will be ordered destroyed, and the employer fined by the State.

And, you may be reinstated to your original job with back pay from the original date of your termination.

Hope this helps.

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