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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37033
Experience:  I provide employment and discrimination law advice in my own practice.
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I signed a petition to recall XXXXX XXXXX as governor of wisconsin.

Customer Question

I signed a petition to recall XXXXX XXXXX as governor of wisconsin. I received a verbal job offering at the Department of Workforce Development but two days before I started the job was denied by the Deputy Secretary appointed by XXXXX XXXXX. They ran the names of the people who signed the petition against the criminal database and highlighted our names with those who signed and had felony sexual offenses. So now when you google our names the database appears implying even though I don't have a record that I might be a criminal.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you were placed in this situation. Were you told that this is the reason why you weren't hired? Or do you suspect that is the reason for the denial?
Customer: replied 1 year ago.

I was told that the Deputy Secretary had denied the position. I was never told it was because of my name in the recall database. Today XXXXX XXXXX denied a nomination to a UW Student because he signed the petition. When asked directly today he did not say but implied others make those decisions.

 

I guess it is simple can a job application be denied based on signing a petition. We protect age, sex but do we protect the right to sign a petition?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

At this time there are only a limited amount of factors that are 'protected' and under which a person cannot be discriminated against. Those factors are age (if 40 or older), race, gender, religion, national origin, creed, or disability if any. In some cases gender identity, sexual orientation, and past criminal record (if not related to the job) can likewise be protected. But that does not include your political leanings. A progressive can refuse to hire a conservative, or a conservative a progressive, both can refuse to hire libertarians, and so forth. That type of discrimination is not illegal. But at the same time there is as yet no evidence that this is why you were denied. An employer is free to rescind a potential job offer at any time unless it would violate state law. I truly wish I had a different answer for you, but this type of a situation would not violate state law.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37033
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 9 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


With Prism it is apparent that our laws are not effective to protect our rights as individuals. To take a list of petitions names and addresses and run them against a criminal database is inexcusable. I was a union employee who had collective bargaining rights. Now I'm unemployeed for 4 years in the State of Wisconsin. I'm 52 years old and unable to find a job in Wisconsin. There were 900,000 people who signed the petition so each of them including members of my family may not find work in Wisconsin. No wonder their plan to turn Wisconsin Red will work.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I do agree that if the Prism allegations are true, that it may well be an unreasonable extension and a 'general warrant' that the 4th Amendment expressly attempted to shield citizens against such intrusion. But please be aware that the administration that is currently putting this in play is 'blue', not 'red', and that state agencies or governments do not have such access to this data. While I can understand your concern into Prism, it had nothing to do with this situation because states cannot delve this deeply, Prism is a federal program if it exists.

Good luck.

Customer: replied 1 year ago.

College student nomination rescinded.


 


http://www.jsonline.com/news/statepolitics/scott-walker-withdraws-appointment-of-student-regent-who-signed-recall-b9933118z1-211395241.html?ipad=y


 


Prism data comes from homes which are located in States with specific laws in addition you cann't subject 350,000 people to a single Federal law.


 


I was surprised that the technology companies that sell services to NSA Oracle, IBM and Cisco did not get named.


 


Jurisdiction will come into play if they are in fact coming into our homes to collect data.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

As Prism is still an allegation and not proven or disproven. So while it is nice to assume or suspect, it is as yet a political issue rather than a legal one. When and if the class action against the 9 named providers goes forward, then hopefully more information would be available. Until then I have a hard time commenting on this with any basis since nobody, with the possible exception of the NSA, really knows what is the true story.

As for the story, it is not related to you because there is no evidence that this is the case here and as I discussed earlier, political discrimination, for better or for worse, is not against the law.

Good luck.

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