Answers Posted By Anthony Pecora

Answer to Was I wrongfully terminated from a job I had taken FMLA from and returned to a new background check.

I wish I would have seen this question before. When an employer uses a background report or background check to make a hiring or firing decision, the employer must FIRST provide the job applicant or the existing employee with a copy of the background report PLUS a meaningful opportunity to discuss or address the report BEFORE making any final employment decision. These rules are governed by the Fair Credit Reporting Act (FCRA) which is a Federal Statute. An employer that fails to follow these rules could be liable to the job applicant (who is not hired) or the employee (who is fired) for lost wages and other damages. Your statute of limitations (time period that you can make a claim) is two years from the date the employer took adverse action (the date it fired you.) If you are within that time period, you can contact an attorney (nationwide since its a federal statute) to discuss your rights! A claim must be made within that time period. Did the employer provide you a copy of the report? Did it give you time to address it?

posted Oct 9, 2017 1:32 PM [EST]

Answer to I signed a non compete 4 yrs ago wirh my current emplyeer. since then no other nurse I have worked with has had to sign one when they started. Is mine still valid if the company is no longer making new employeyes sign these or even mentioning them?

That's an interesting dilemma. Were you the first nurse hired there or were you simply the last nurse to be required to sign the Non-Compete Agreement (NCA)? NCAs must be reasonable in scope (duration, geographic location etc.). There must also be some tangible consideration provided to you for you to be bound. E.g., your employment, a salary, benefits etc. Do you hold any supervisory or administrative role over the other nurses? Are you paid more? These are questions I'd further investigate. Are you thinking of leaving?

posted Mar 25, 2017 05:30 AM [EST]