Q: I just had a job offer rescinded after a background check due to a criminal conviction. Case?
I had an aggravated stalking charge that I plead guilty to about a year ago in Florida stemming from a case with my ex-wife. I provided the employer with everything they requested, and yet they still decided to rescind their offer. I provided letters from probation officers, former supervisors from employment I just left, therapist, programs completed, and proof of volunteering. I also sent arrest forms and orders showing that the case was a domestic case stemming from a very ugly divorce with an ex-wife that was looking to hurt me anyway she could. I do not believe the plea would prevent me from conducting business productively. Is there a possibility of a case?
A:
See previous conviction record as discussed by the New York State Department of Labor here:
https://www.labor.ny.gov/careerservices/ace/employers.shtm
If this does not answer the question, call employment lawyers for an in depth analysis of the specific facts of your job duties. A position description should be reviewed by the employment lawyer who evaluates your potential claim. Good luck.
1 user found this answer helpful
A:
Once a conditional offer of employment has been made, the company may run a background check and rescind its offer based on its findings. However, the employer cannot run a background check without your written permission to do so.
Under the Fair Chance Act, if the company rescinds the offer based on your criminal history, it must explain why in writing and connect the criminal record to your specific job duties or show it creates an unreasonable risk. The employer must provide you with a copy of any background check conducted.
The law also requires that the employer hold the job opportunity open for 3 days so that you have time to discuss the issue and/or correct any erroneous information.
As advised above, you probably should discuss your situation with an experienced employment attorney.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
