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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12172
Experience:  JD, MBA
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Im the Production Manager at work...and with that I do the

Customer Question

I'm the Production Manager at work...and with that I do the hiring for the manufacturing division of our plant. In taking applications we have the standard forms...and of course the standard question about "have you been convicted of a crime"....on 2 separate occasion we have had an applicant answer no only to find out later that they had.(one was a 20 year old drug possession) one was a domestic abuse.. 15 years old) both men had told me afterwards that they thought their lawyers had cleared their records after certain criteria were met. The companies owner's wife used this info to deny each applicant employment saying they "lied" on their applications. Now the interesting thing...2 Hispanic employees who had to quit because there fake identities were now in question Hispanic #1 had his wages levied by the IRS cause he wasn't paying taxes on his fake name and SS#...he quit...then was rehired under a different name and SS#...the company was fully aware that he was working under a stolen ID previously but they told me as long as his name matched the SS# XXXXX the I-9 form and the government wasn't going to do anything....the "company" did nothing wrong...Hispanic #2 has almost the same identical story cept his fake name was being used again by the original owner for example..i got a call from a lady in Oregon saying that someone working at my company was using her husbands name and SS#....so of course Hispanic 2 quit the company...and was rehired using a different name and SS#....now at the time of this inquirery Hispanic #1 has been deported....Hispanic #2 is still employed and recently we had to upgrade our I-9 forms and on them it asks if the person has any aliases...I told Hispanic he had to give the 3 names I knew he had used...he refused and went to the company owners and they took care of it....The stress at work keeps mounting month after month...especially now as we redo our health insurance(the Hispanics don't carry ins. and they claim the max amount for dependants) ...the Hispanics brag how theyre wives use their maiden names to collect KidKare benefits in Illinois even though I know their salaries would make them ineligible....they brag about the multiple idententies they have...they use one identity to purchase a house...one identity to collect food stamps and their wives use multiple identies for health and dental benefits....ive been employed here for 20 years...it has been suggested to me to up and leave if I don't like it....(by friends not the company)...im told nobody really cares why should I....signed disgruntled
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

That certainly sounds like a stressful and frustrating situation at work. I'm sorry to hear about it. Do you have a specific legal question for me? How can I help you?
Customer: replied 3 years ago.


Question 1 these people using multiple identities and taking advantage of state benefits and I KNOW they are doing this...am I obligated to do or say anything??...if I do... the privledged info I have because of access to personel files is that legal?


 


#2 are the owners creating a hostile work environment?

Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Q: Question 1 these people using multiple identities and taking advantage of state benefits and I KNOW they are doing this...am I obligated to do or say anything??...if I do... the privledged info I have because of access to personel files is that legal?
A: No, based on what you wrote you are not personally obligated to say or do anything. The fact that you have knowledge of a crime does not obligate you to report the crime. If you do report what is happening, you would not be liable for anything as a result of looking at personnel files. You are a manager charged with making personnel decisions (i.e., hiring). Moreover, your job would likely be protected under whistle-blower laws (though I'd probably start looking for a new job if I were you ... it sounds stressful already, and may become more strained if it is discovered that you turned in your boss).

Q: #2 are the owners creating a hostile work environment?
A: No. What you descirbe is not a hostile work environment. "Hostile work environment" is a legal term of art. In other words, that phrase has a specific legal definition that is different from the ordinary dictionary definition of those words. Under the law, "hostile work environment" refers to situations where there is unwelcome and illegal discriminatory conduct. For example, if your boss tells racist or sexist jokes in the workplace, then that would create a hostile work environment because it is illegal for your boss to discriminate against employees due to race or gender.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 3 years ago.


how can the company refuse to hire qualified candidates because they answered no on a question on the application but others can lie about their whole identity and still be hired

Expert:  TJ, Esq. replied 3 years ago.
Hi again.

The company can opt to hire illegals, and to turn down qualified people. The company may eventually get caught when somebody like you turns them in. Until then, the company may continue to do what it wants regarding the hiring of employees.
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

I noticed that you rated me poorly. I'd like to give you a reason to rate me higher, but I am unclear of the reason for the poor rating. Do you need clarification, or did I not fully answer your question? Please let me know what I can do so that you are satisfied with our service. I'll be glad to provide further help as necessary.

Thank you.