Legal Question..

Discussion in 'Professional Trading' started by jimdaddy, Jul 20, 2009.

  1. jimdaddy

    jimdaddy

    Good point... either way.. if this is something that happens regularly there...it's clearly negligence.. times are entirely too hard to offer jobs and then resend the offer as if "oops" my bad suffices....they are impacted lives and I have a mortgage to pay.. I feel someone should pay on their part..
     
    #11     Jul 21, 2009
  2. sjfan

    sjfan

    Um... the recruiter doesn't do compliance; Compliance is responsible for compliance. In his case, it's HR that initiates the process (under the supervision of compliance).

    Even if this is a tad unprofessional (which it is not; he happened to be unlucky enough to get jammed in the middle of a corporate integration of two very different legal entities), it's highly unlikely that it's actionable.

     
    #12     Jul 21, 2009
  3. sjfan

    sjfan

    ... Losing a limb because the factory floor manager refuse to comply with safety regulations is negligence. Getting jammed by regulatory compliance issues in the middle of a corporate integration event is just plan ol' bad luck. No one needs to pay because no one is at fault here. At the end of the day, you committed a felony ten years ago (or was it longer), which put you on the wrong end of commercial banking regulations.

     
    #13     Jul 21, 2009
  4. Surdo

    Surdo

    Internal HR at the bank must be educated on compliance issues, not some sleazy straight commission based head hunter on Fulton Street.

    Head hunters are not any more qualified than used car salesmen at the SUB 100K level, are you new?
     
    #14     Jul 21, 2009
  5. You have no damages. You have no lawsuit

    always ask yourself whY are my damages prior to considering suit. If they are speculative you have no case. You have no case
     
    #15     Jul 21, 2009
  6. cstfx

    cstfx

    If it was a head hunter, that's one thing, but if this was a recruiter in Merrill, then they have an obligation to be fully aware of the rules and regs. Whether or not that responsibility falls on the recruiter to brief herself or the compliance office to brief the recruiters, can't say. But it is clearly obvious that someone is not doing their job here, especially since this happening more than once. Especially since the OP said he received a welcoming pack from Merrill. Merrill dropped the ball here.
     
    #16     Jul 21, 2009
  7. conviction is not much diff than having a bad credit history - bankruptcy. Financial institutions are anal retentive about it.

    Best you might be able to do, is request a couple of weeks severance. Tell them you gave up another opportunity in accepting this offer, and that at least they should consider giving you some relief against your losses, in rescinding a legitimate offer.

    Doesn't hurt to try.
     
    #17     Jul 21, 2009
  8. sjfan

    sjfan

    In normal times, it would very unprofessional for internal HR recruiter to not know that compliance will slap this guy down; But his problem is a little "unique". He was hired by one entity for which his felony conviction isn't a problem. But it was in the middle of a corporate integration; The HR department that hire him might not even be around after the integration and is probably not the one making the call to cancel his hire. BoA, after taking over Merrill, need to conform to their legal obligations.

    So, again, it sucks to him. But it's an unfortunate side effect of being a new hire in the middle of a integration (when BlackRock took over an asset manager a year ago, every new hire was fired on the spot).

    As someone with a felony conviction (something typically frowned upon in the finance business), the original poster should due his own due diligence on his circumstances with respect to regs. No one in this business takes the lack of due diligence as some sort of an excuse.

     
    #18     Jul 21, 2009
  9. BofA sucks, I was working for Lasalle Bank as a temp and they got bought out. They offered me a full time gig and I accepted....and then they canned my ass because I was being charged with a felony. I hate BofA as well, may they rot in hell.
     
    #19     Jul 21, 2009
  10. sjfan

    sjfan

    You were let go because you have a felony charge and you blame BoA? What is this, upside-down world? (BoA sucks for many many reasons, but their HR policy with respect to this is pretty standard for a bank with a commercial operation)

     
    #20     Jul 21, 2009