Mistreated by Ross Department store.... is it legal? (Berkeley, August: sales, credit rating)

[yourgossipcolumn]

Hello Everyone,
I'm not the one to lay out her business in a public setting for strangers to know, but here's my dilema. I need for someone to tell me whether or not I was treated poorly and unfairly by Ross Department Store without costing a fortune.

In August of 2008, a manager from Ross called me for a job opportunity in Emeryville. He told me that he was interested on bringing me aboard if I was still available. Me, being out of the work field since Feb. 2008 didn't hesitate and accepted the offer in a heart beat. Times are tough, I've got bills, and the unemployment check is not enough to cover all expenses. So, I said.... YES.

I went in on a Thursday and met with James at Ross and filled up my "hire" papers, which included my W2, I9, Benefit Packages, Wages, read the employment handbook and he took all other personal informations from me. Well, after everything was filled out, I was waiting for him to give me my schedule, but he never gave it out. All he said was, He'll call me to let me know if my informations had gone through.

Well it's been almost two months and I've kept in contact with him at least once a week to see the outcome, but all James would say was "HR is still in the process of approving your re-hire" paper works. Now, I did work for Ross back in 2003 but was never a problem and I know for sure I gave them my 2 weeks notice. So, I don't know what's been the hold up on the whole thing.

I had called James for the last time last night and again followed up on my situation. He then said, "well I actually found out on Tuesday from HR that your re-hire has been denied."...... when I asked him the reason.... he replied by "it was based on her own judgement."......... I mean, okay, this is ''MY" personal informations and how could they get my hopes up thinking I'm hired and all and blah di blah.... then turn around and deny it. I mean, my background and credit check cleared and passed... so, now I don't know the problem.

I tried to contact HR myself just to see if I can get a straight answer to why I was denied of re-hire, but the woman won't return my calls....... hhmmmm....

Can someone tell me if this is right? am I just making a big deal about nothing? is this even Legal?


Sorry for the long story, but I'm hoping someone could answer my questions......

[mdtoaz]

I think California's an employment at will state:

"... any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work."

So pretty much, they don't need to give you a reason. It's kind of strange since it sounds like you were technically never rehired. I think HR and the manager you were dealing with have some bad communication, and unfortunately you're caught in the middle.

[Tallysmom]

Originally Posted by yourgossipcolumn

Hello Everyone,
I'm not the one to lay out her business in a public setting for strangers to know, but here's my dilema. I need for someone to tell me whether or not I was treated poorly and unfairly by Ross Department Store without costing a fortune.

In August of 2008, a manager from Ross called me for a job opportunity in Emeryville. He told me that he was interested on bringing me aboard if I was still available. Me, being out of the work field since Feb. 2008 didn't hesitate and accepted the offer in a heart beat. Times are tough, I've got bills, and the unemployment check is not enough to cover all expenses. So, I said.... YES.

I went in on a Thursday and met with James at Ross and filled up my "hire" papers, which included my W2, I9, Benefit Packages, Wages, read the employment handbook and he took all other personal informations from me. Well, after everything was filled out, I was waiting for him to give me my schedule, but he never gave it out. All he said was, He'll call me to let me know if my informations had gone through.

Well it's been almost two months and I've kept in contact with him at least once a week to see the outcome, but all James would say was "HR is still in the process of approving your re-hire" paper works. Now, I did work for Ross back in 2003 but was never a problem and I know for sure I gave them my 2 weeks notice. So, I don't know what's been the hold up on the whole thing.

I had called James for the last time last night and again followed up on my situation. He then said, "well I actually found out on Tuesday from HR that your re-hire has been denied."...... when I asked him the reason.... he replied by "it was based on her own judgement."......... I mean, okay, this is ''MY" personal informations and how could they get my hopes up thinking I'm hired and all and blah di blah.... then turn around and deny it. I mean, my background and credit check cleared and passed... so, now I don't know the problem.

I tried to contact HR myself just to see if I can get a straight answer to why I was denied of re-hire, but the woman won't return my calls....... hhmmmm....

Can someone tell me if this is right? am I just making a big deal about nothing? is this even Legal?


Sorry for the long story, but I'm hoping someone could answer my questions......

A lot of places are being very strict on the craziest of things -- like credit rating. Why that has an impact on hiring is beyond me, but it appears it does. Or any sort of criminal conviction, or bankrupcty...

Or you could have given them your old place as a reference and the old place is bashing you...

Who knows? And they don't have to tell you.

I wish I could be more helpful but I remember when my husband was laid off years ago, he had the hardest time getting hired. He went to interview after interview after interview at a few compnaies -- which would make you think they liked you and wanted to hire you -- and they came up with some cockamamie excuse as to why they hired someone else -- or more often than that -- never called him back!

[artemis78]

It's also conceivable that stores are starting to worry about hiring, and thus are waiting-waiting-waiting to watch the economy.....it's certainly gotten much worse in the intervening months, so possibly her "judgment" might not have been about you at all, but about whether it was really prudent to fill the position right now. (Berkeley's Ross closed last winter, for instance, so things can't be so hot for them.)

That said, California law does pretty much allow this, so I don't think it would be worth pursuing, except possibly for a kindly-worded letter to management about how disappointing it was for them to delay so long in telling you (because you might have turned down other opportunities, etc.) and how they should be sure to follow up promptly with prospectives in the future....sorry!

[jguillot]

Originally Posted by yourgossipcolumn

Hello Everyone,
I'm not the one to lay out her business in a public setting for strangers to know, but here's my dilema. I need for someone to tell me whether or not I was treated poorly and unfairly by Ross Department Store without costing a fortune.

In August of 2008, a manager from Ross called me for a job opportunity in Emeryville. He told me that he was interested on bringing me aboard if I was still available. Me, being out of the work field since Feb. 2008 didn't hesitate and accepted the offer in a heart beat. Times are tough, I've got bills, and the unemployment check is not enough to cover all expenses. So, I said.... YES.

I went in on a Thursday and met with James at Ross and filled up my "hire" papers, which included my W2, I9, Benefit Packages, Wages, read the employment handbook and he took all other personal informations from me. Well, after everything was filled out, I was waiting for him to give me my schedule, but he never gave it out. All he said was, He'll call me to let me know if my informations had gone through.

Well it's been almost two months and I've kept in contact with him at least once a week to see the outcome, but all James would say was "HR is still in the process of approving your re-hire" paper works. Now, I did work for Ross back in 2003 but was never a problem and I know for sure I gave them my 2 weeks notice. So, I don't know what's been the hold up on the whole thing.

I had called James for the last time last night and again followed up on my situation. He then said, "well I actually found out on Tuesday from HR that your re-hire has been denied."...... when I asked him the reason.... he replied by "it was based on her own judgement."......... I mean, okay, this is ''MY" personal informations and how could they get my hopes up thinking I'm hired and all and blah di blah.... then turn around and deny it. I mean, my background and credit check cleared and passed... so, now I don't know the problem.

I tried to contact HR myself just to see if I can get a straight answer to why I was denied of re-hire, but the woman won't return my calls....... hhmmmm....

Can someone tell me if this is right? am I just making a big deal about nothing? is this even Legal?


Sorry for the long story, but I'm hoping someone could answer my questions......

Did they present you with an offer letter signed by a Ross representative?

[Joe Bama!]

I hate the damn hiring policies of big dept. stores. I had a similiar situation with Bloomingdales in NYC. They had me run around for 2 weeks on 3 interviews for a sales associate position. then after the training and working for a week there was a issue with my "hiring status" and they let me go.
big stores have there advantages over the small guys. But at least the small guys treat people like human beings.

[joebaldknobber]

I would sue Ross. That was flat out rude!!!

[yourgossipcolumn]

Hello. Thanks for the reply. No, I didn't get an offer letter. Like I said though, I filled out all the necessary "hire" paperworks and then never got the chance to be on the schedule.....they said my "re hire" status has been denied...... omg I'm sooooo confused. And I did look up that California is an "at will" state, but still the company didn't have to wait a month and a half to let me know the outcome. I did turn down two more interviews after I filled out my informations at Ross, thinking I had already got the job.........

[sonarrat]

Originally Posted by yourgossipcolumn

I did turn down two more interviews after I filled out my informations at Ross, thinking I had already got the job.........

This is always a mistake, and your experience bears out why. I've had the same thing happen. You haven't got the job until you've filled out the W-2 and been asked to report at X time.

[dynimagelv]

It happens frequently.....MOST larger companies do a series of background checks etc....until you have been processed in by HR, you don't have a guarantee.....