Brooklyn, NY asked in Employment Law for New York

Q: I just had a job offer rescinded after a background check due to a criminal conviction.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?

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2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

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

Charles Joseph
Charles Joseph
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

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

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